Patricia Kane

July 03, 2019 | New York Law Journal

It is understandable that co-op and condo board members may view the new comprehensive climate legislation passed by New York City and New York State with a mixture of disbelief, hostility, and helplessness. However, their lawyers do not have that luxury and are going to face difficult legal questions about this legislation right from the beginning.

By William D. McCracken

7 minute read

July 02, 2019 | New York Law Journal

In his Realty Law Digest, Scott E. Mollen discusses 'Voron v. Bd. of Managers, Newswalk Condo,' where the court concluded that RPAPL §881 applies to 'real property' including condo units, and 'Robinson v. Taube,' where the court found that the Administrative Code For harassment was inapplicable to the neighbor making loud noises.

By Patricia Kane

14 minute read

July 02, 2019 | New York Law Journal

In their Rent Regulation column, Warren Estis and Jeffrey Turkel write: Rather than add to the flood of articles summarizing the many changes wrought by the Housing Stability and Tenant Protection Act of 2019, some perspective is in order. What the Legislature did is fairly obvious, but there are less apparent and more profound issues at play that bear examination.

By Warren A. Estis and Jeffrey Turkel

7 minute read

July 01, 2019 | New York Law Journal

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

By Patricia Kane

4 minute read

July 01, 2019 | New York Law Journal

In his Section 1983 Litigation column, Martin Schwartz discusses the recent U.S. Supreme Court decision 'Nieves v. Bartlett,' where the court held that as a strong general rule, probable cause to arrest defeats a §1983 free speech retaliatory arrest claim against an arresting officer—an issue that had been frustrating the courts for many years.

By Martin A. Schwartz

13 minute read

June 28, 2019 | New York Law Journal

Our courts have seen an increase in lawsuits involving elder exploitation over the last 15 years due in part to the fact that the population is living longer and the elderly are increasingly relying upon caretakers. There are myriad ways in which unscrupulous individuals take advantage of older persons, but not all of them were anticipated by the Legislature.

By John Farinacci and Jessica M. Baquet

8 minute read

June 25, 2019 | New York Law Journal

In his Realty Law Digest, Scott E. Mollen discusses “Council of Churches Housing Dev. Fund Co. Inc. v. Arlington Housing Corp.,” where the litigation involved a dispute over the direction and control of a limited partnership that was formed to own and operate a real estate investment, and “207-209 W. 107th St. LLC v. Doe,” a Landlord-Tenant case where the court found the tenant did not “commercialize the premises” with Airbnb activity.

By Scott E. Mollen

15 minute read

June 25, 2019 | New York Law Journal

In December, Ezra Dyckman and Aaron Gaynor shared some qualified opportunity zone (QOZ) talking points for your holiday get-togethers. In April, the Treasury released a second set of proposed regulations concerning QOZs. In this column, ahead of the Fourth of July, they offer you these small "bites," to nibble on at your BBQ.

By Ezra Dyckman and Aaron S. Gaynor

6 minute read

June 25, 2019 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad Karp discuss 'Kidd v. Thomson Reuters,' where the court determined for the first time that an entity must specifically intend to furnish a “consumer report” to qualify as a consumer reporting agency under the Fair Credit Reporting Act.

By Martin Flumenbaum and Brad S. Karp

8 minute read

June 24, 2019 | New York Law Journal

In his Condemnation and Tax Certiorari column, Michael Rikon discusses the Second Department decision 'Matter of City of Long Beach v. Sun NFL Limited Partnership', which concerned an application for reimbursement of legal, appraisal fees and disbursements pursuant to EDPL §701.

By Michael Rikon

7 minute read