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Patricia Kane

Patricia Kane

Patricia Kane is the Courts Editor for the New York Law Journal.

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October 13, 2020 | New York Law Journal

Realty Law Digest

Scott E. Mollen discusses a UCC foreclosure case, '893 4th Ave. Lofts LLC v. 5AIF Nutmeg LLC,' and a commercial landlord-tenant case, '98-48 Queens Blvd LLC v. Parkside Mem'l Chapels Inc.'

By Scott E. Mollen

13 minute read

October 13, 2020 | New York Law Journal

'Regina,' Fraud, and Its Evolving Interpretations

A continuation of the discussion of 'Regina Metro. Co. v. New York State Div. of Hous. & Community Renewal,' relating to how fraud is to be interpreted in relation to rent overcharge claims.

By Nativ Winiarsky

10 minute read

October 13, 2020 | New York Law Journal

Real Estate Loan Workouts

The COVID-19 pandemic continues to place enormous stress on the commercial real estate industry, with an increasing number of commercial real estate loans facing borrower defaults. In their Transactional Real Estate column, Peter Fisch and Salvatore Gogliormella discuss the choices lenders in these default scenarios face.

By Peter E. Fisch and Salvatore Gogliormella

10 minute read

October 09, 2020 | New York Law Journal

Does the Look-Back Restriction Under the RSL Survive in the First Dept.?

A focus on the city-wide implications of the ruling in '435 Cent. Park W. Tenant Assn. v. Park Front Apts.,' a decision which has "significant implications for rent overcharge cases."

By Victoria A. Graffeo

8 minute read

October 09, 2020 | New York Law Journal

COVID-19 Force Majeure Legal Developments

An in-depth discussion of the major COVID-19 force majeure legal rulings, and analysis of how the law is developing in this context.

By Massimo F. D'Angelo

11 minute read

October 08, 2020 | New York Law Journal

'In re Tesla,' Tweets, and Securities Fraud

Social media is like fire: beneficial when employed wisely, capable of great harm if wielded recklessly. The truth of the latter was recently proven by 'In re Tesla, Inc. Securities Litigation,' discussed here.

By Anthony Michael Sabino

9 minute read

October 08, 2020 | New York Law Journal

New York Passes Automatic Voter Registration: The Dawn of a New Era of Voting Rights

By passing Automatic Voter Registration, the Legislature has made voting easier for New Yorkers.

By Jason P.W. Halperin

11 minute read

October 07, 2020 | New York Law Journal

Complex Litigation Just Got More Complex: Adapting to a Virtual New Reality

The pandemic has created novel challenges for counsel who manage complex litigation as they navigate disruptions—both obvious and subtle—in everything from communications to technologies to document productions, while addressing the human impact.

By Marilyn Kunstler and Julia Brickell

8 minute read

October 06, 2020 | New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein, "Magid v. Waldman," and "1267 Rogers Ave. LLC v. First American Title Ins. Co."

By Scott E. Mollen

16 minute read

October 06, 2020 | New York Law Journal

Conditional Limitation v. Condition Subsequent: An Important Distinction in the COVID-19 Age

As commercial rent defaults significantly increase due to the COVID-19 pandemic, practitioners reviewing the default provisions in their clients' commercial leases must ask themselves a crucial question: Does the provision set out a conditional limitation or a condition subsequent? The answer to this arcane question—which can trip up even experienced attorneys—will determine the forum in which an owner can recover possession.

By Warren A. Estis and Alexander Lycoyannis

7 minute read