Patricia Kane

May 28, 2019 | New York Law Journal

In his Realty Law Digest, Scott E. Mollen discusses three Landlord-Tenant cases: Hernandez-Ortiz v 2 Gold, LLC; Westside Partners v. Ross, and Bedford Oak LLC. v. Hernandez

By Scott E. Mollen

12 minute read

May 28, 2019 | New York Law Journal

In his Foreclosure Litigation column, Bruce Bergman discusses the timing issue surrounding a foreclosing plaintiff proceeding to sale and concludes: “It appears that a pre-amendment foreclosure judgment does not require a foreclosure sale within 90 days. While an uncertain or timorous plaintiff might err on the side of caution and seek such an order to avoid any chance of contention, such appears to be unnecessary and wasteful of time and expense.”

By Bruce J. Bergman

7 minute read

May 24, 2019 | New York Law Journal

Over the past 50 years, although discovery has become much more complex, and legal malpractice litigation has correspondingly deepened, the judgment rule remains strong, and routinely applied.

By Andrew Lavoott Bluestone

11 minute read

May 24, 2019 | New York Law Journal

In their Copyright Law column, Robert Clarida and Robert Bernstein discuss Dr. Seuss Enterprises v. ComicMix, where the Southern District of California granted summary judgment to defendants, affirming its prior findings that a ComicMix illustrated book combining elements of several Seuss children's books with characters, themes and other features of the popular sci-fi series Star Trek was a non-infringing fair use of the Seuss material from which it had admittedly been “slavishly” copied.

By Robert W. Clarida and Robert J. Bernstein

8 minute read

May 23, 2019 | New York Law Journal

In his Law Firm Partnership Law column, Arthur Ciampi discusses 'Gay v. Quinn Emmanuel Urquhart & Sullivan,' which addresses restrictive covenants and arbitration and also raises interesting considerations regarding the application of choice of law principles.

By Arthur J. Ciampi

8 minute read

May 22, 2019 | New York Law Journal

In her State Environmental Regulation column, Charlotte Biblow writes that SEQRA litigation can generate “interminable delay and interference with crucial governmental projects,” and uses case law to help elucidate the rules that property owners should keep in mind when evaluating whether to go to court.

By Charlotte A. Biblow

9 minute read

May 21, 2019 | New York Law Journal

In his Realty Law Digest, Scott E. Mollen discusses “Francis v. Kings Park Manor Inc.,” which dealt with a landlord's potential liability for a hostile living environment created by tenant-on-tenant racial discrimination. 

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

16 minute read

May 21, 2019 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony Guardino discusses "Matter of Save America's Clocks v. City of New York," a decision by the New York Court of Appeals which has immediate practical implications for one particular city landmark—and for the authority of the city's Landmark Preservation Commission over the others.

By Anthony S. Guardino

9 minute read

May 21, 2019 | New York Law Journal

In his Patent and Trademark Law column, Rob Maier discusses a momentum possibly building for a movement back toward stronger patent rights, as lawmakers undertake efforts to reinvigorate U.S. patents.

By Rob Maier

7 minute read

May 21, 2019 | New York Law Journal

Judge Pamela Chen spoke at the Fordham Law School commencement ceremony Monday, beginning her remarks with an apology to the graduates: she wasn't going to pay their student loans like billionaire investor Robert Smith announced during commencement at Morehouse University in Atlanta.

By Patricia Kane | David Handschuh

1 minute read