Patricia Kane

January 12, 2021 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses the Land Use and Planning case "Peyton v. New York City Board of Standards and Appeals" from the New York State Court of Appeals.

By Scott E. Mollen

19 minute read

January 12, 2021 | New York Law Journal

In his Foreclosure Litigation column, Bruce Bergman notes how there has been a surprising number of cases lately where foreclosures are dismissed as abandoned for lenders' failure to adhere to a particular time frame. He writes: "This is one arena where lenders really should not lose, because when they do, it is their own fault. The system is tough enough without the foreclosing plaintiff shooting itself in the foot."

By Bruce J. Bergman

7 minute read

January 12, 2021 | New York Law Journal

In their Intellectual Property Litigation column, Eric Alan Stone and Catherine Nyarady report on several recent cases in New York federal courts that addressed the unsettled question of whether news organizations and other publishers infringe an author's rights by embedding social media posts containing copyrighted photographs.

By Eric Alan Stone and Catherine Nyarady

9 minute read

January 07, 2021 | New York Law Journal

And other announcements of recent hirings and promotions of New York attorneys.

By Patricia Kane

3 minute read

January 07, 2021 | New York Law Journal

It has been over a decade since the Court of Appeals issued its decision in 'Fields v. Fields,' relating to how courts would assess separate property claims. This article concludes that New York equitable distribution law does lend itself to "cookie-cutter legal principles," and continues to require a detailed evaluation of the facts to determine what is "equitable" in the context of each marriage.

By Alan Feigenbaum

6 minute read

January 06, 2021 | New York Law Journal

Despite an environment characterized by uncertainty, recruiting and retaining talented people remains a top priority for most premier law firms. The Herculean challenge faced by most firms was how to, in the middle of a pandemic, onboard, train, and entertain potential new hires in virtual summer programs.

By Randi Lally and Nancy Parker

7 minute read

January 05, 2021 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses "American Infertility of New York v. Verizon," a tresspass action, where questions existed as to whether Verizon was a licensee, and "Windward Bora LLC v. Wilmington Savings Fund Society," where the defendant was found immune, as HUD's assignee, from N.Y.'s limit period on foreclosure actions.

By Scott E. Mollen

15 minute read

January 05, 2021 | New York Law Journal

A body of law has developed over the years to determine whether a building is subject to rent stabilization by virtue of the number of housing accommodations therein. Warren Estis and Jeffrey Turkel summarize this case law.

By Warren A. Estis and Jeffrey Turkel

7 minute read

January 04, 2021 | New York Law Journal

In his Section 1983 Litigation column, Martin Schwartz joins jurists and academics who, over the last several years, have criticized the Supreme Court's qualified immunity jurisprudence, calling for its elimination or at least reform.

By Martin A. Schwartz

13 minute read

December 30, 2020 | New York Law Journal

This article focuses on specific challenges to the applicability of CPLR §205(a) known as the "Savings Clause" to a new foreclosure action commenced in which the mortgage debt has been accelerated and a prior foreclosure action was dismissed.

By Pankaj Malik and Melissa J. Montenes

7 minute read