Patricia Kane

November 12, 2019 | New York Law Journal

In their Construction Law column, Kenneth Block and Joshua Levy write: It is common in most construction contracts for there to be a mutual waiver of consequential damages. Owners, however, should take caution before agreeing to provide a broad unqualified waiver to contractors.

By Kenneth M. Block and Joshua M. Levy

5 minute read

November 06, 2019 | New York Law Journal

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

By Patricia Kane

3 minute read

November 06, 2019 | New York Law Journal

Over the past several months both the Trump administration and courts in New York have attempted to strike a balance between the tendency of agencies to use guidance to expand their authority without the protections associated with notice and comment rulemaking. In their Environmental Law column Michael Gerrard and Edward McTiernan explore these recent developments and what they might mean as for the EPA and DEC.

By Michael B. Gerrard and Edward McTiernan

8 minute read

November 05, 2019 | New York Law Journal

In his Realty Law Digest, Scott E. Mollen discusses 'Mill Street Partners v. City of Newburgh, where a developer plausibly alleged that racial animus was the major factor in opposition to the project; and 'Booston v. 36 W. Realty Co.,' where the court denied a 'Yellowstone' Injunction based on the tenant's breach of the lease being found incurable.

By Scott E. Mollen

16 minute read

November 05, 2019 | New York Law Journal

In their Rent Regulation column, Warren Estis and Jeffrey Turkel discuss recent succession cases including 'CBU Assocs., Inc. v. Forray,' where the First Department, Appellate Term observed that an occupant, through a "persistent and systematic pattern of deception," can waive succession rights. They note that the rule in the Second Department is "somewhat more tenant-friendly."

By Warren A. Estis and Jeffrey Turkel

10 minute read

November 04, 2019 | New York Law Journal

On May 19, the New York City Council passed the Climate Mobilization Act or the "CMA," the goal of which is to reduce NYC greenhouse gas emissions 80% by year 2050. One of the most significant CMA bills was Int. 1252-A, enabling Property Assessed Clean Energy (PACE) financing in New York City for the first time. This article focuses on commercial side of PACE financing in New York.

By Thomas O'Connor & YuhTyng Patka

7 minute read

November 01, 2019 | New York Law Journal

In his Professional Responsibility column, Anthony E. Davis argues the irrationality of the current rules which restrict the ability of American lawyers to engage in the practice of law on a nationwide basis.

By Anthony E. Davis

9 minute read

October 29, 2019 | New York Law Journal

In his Realty Law Digest, Scott E. Mollen discusses "Bd. of Managers, 28 Cliff St. Condo v. Maguire;" "Bay Sun Realty Inc. v. Li," and "Westchester Plaza Holdings v. Sherwood."

By Scott E. Mollen is a partner at Herrick, Feinstein.

14 minute read

October 29, 2019 | New York Law Journal

The Appellate Division's Practice Rules contain a requirement that parties and counsel "shall immediately notify the court when there is a settlement of a matter or any issue therein." In his Settlement and Compromise column, Thomas E.L. Dewey discusses 'Bank of New York Mellon v. Smith,' where the Second Department sanctioned a party and its counsel for "flagrant violations" of this rule.

By Thomas E.L. Dewey

9 minute read

October 29, 2019 | New York Law Journal

Todd Soloway and Bryan Mohler explore the common forms of debt financing, and the particular considerations and legal issues involved when a lender seeks to foreclose.

By Todd E. Soloway and Bryan T. Mohler

8 minute read