October 13, 2020 | New York Law Journal
Realty Law DigestScott 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 InterpretationsA 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 WorkoutsThe 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 DevelopmentsAn 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 FraudSocial 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 RightsBy 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 RealityThe 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 DigestScott 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 AgeAs 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
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