Patricia Kane

August 15, 2019 | New York Law Journal

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

By Patricia Kane

3 minute read

August 15, 2019 | New York Law Journal

To combat the tension between litigation and skyrocketing litigation costs, the authors propose amending the Federal Rules of Civil Procedure to comport with the position taken by many state courts, including New York, to stay all discovery upon the filing of a dispositive motion to dismiss a complaint.

By Russell Yankwitt and Dina Hamerman

6 minute read

August 14, 2019 | New York Law Journal

The New York State Legislature has passed legislation which, if signed by Governor Cuomo, will establish one of the most comprehensive regulatory frameworks for hemp and hemp extracts in the country and could significantly impact the burgeoning hemp industry in New York by adding new regulatory requirements. This article provides a summary of some of the legislation's more notable (and controversial) provisions.

By Mitchell Pawluk and Meaghan Lambert

6 minute read

August 14, 2019 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert discuss how the significance of the Crime Victims’ Rights Act has been highlighted in the wake of the Jeffrey Epstein case.

By Robert J. Anello and Richard F. Albert

12 minute read

August 14, 2019 | New York Law Journal

In their Taxation column, Elliot Pisem and David Kahen discuss 'Mihelick v. United States,' where the Court of Appeals provided welcome guidance on the applicability of §1341 in situations involving a change in marital status and where the repayment resulting in a deduction is not made to the initial payor of the item.

By Elliot Pisem and David E. Kahen

10 minute read

August 13, 2019 | New York Law Journal

In his Realty Law Digest, Scott E. Mollen discusses two landlord-tenant cases: ‘699 Venture Corp. v. Zuniga,’ and ‘Edelstein LLC v. Connelly.’

By Scott E. Mollen

15 minute read

August 13, 2019 | New York Law Journal

In their Transactional Real Estate column, Peter Fisch and Mitchell Berg discuss the use of the “crystallized carry structure” in real estate joint ventures.

By Peter E. Fisch and Mitchell L. Berg

10 minute read

August 06, 2019 | New York Law Journal

In their Landlord Tenant column, Warren Estis and Michael Feinstein discuss “255 Butler Associates, LLC v. 255 Butler, LLC,” a "highly unusual case" where, despite the clear rule stating that an application for Yellowstone relief must be made “prior to the expiration of the cure period set forth in the lease and the landlord’s notice to cure,” the Appellate Division, Second Department upheld the Supreme Court’s granting of a Yellowstone motion which had been made after the expiration of the cure period in the notice to cure.

By Warren A. Estis and Michael E. Feinstein

6 minute read

August 06, 2019 | New York Law Journal

In his Realty Law Digest, Scott E. Mollen discusses ‘Matter of AIH Group v. C.J.F. & Sons,’ which is of interest because the decision stated the conditions necessary to protect an adjoining property owner and many of these disputes—which have become very common in New York City—are resolved through negotiated agreements not available to the public. He also discusses the Landlord-Tenant case ‘186 Norfolk LLC v. Euvin,’ where the court denied an occupant’s claim for succession; and 'Matter of Greentree Found. v. Mammin,’ where it was found that a board of zoning appeals improperly based its decision on submissions that were not provided to the petitioner.

By Scott E. Mollen

14 minute read

August 01, 2019 | New York Law Journal

A discussion of the inconsistencies associated with the term “legal possession” with the authors concluding that the term has no single, definite, fixed meaning. In fact, separate authorities ascribe different meanings and neither of those “official” meanings is consistent with the most common usage, i.e., “lawful possession.”

By Thomas C. Lambert and Steven Shackman

11 minute read