May 16, 2024 | New York Law Journal
Public, Private, Non-Profit Organizations: Three Pillars of CommunitiesA discussion of the successful collaborations between private enterprises, local non-profits and government agencies and how these three pillars can work to create flourishing communities. In addition to exploring successful NY-based collaborations including The Central Park Conservancy, the Friends of the High Line, the article also cites failed collaborations and their potentially harmful aftermath.
By Stephan Popa, Jake Hebda, Ayo Badejo, Mike Schmidtberger and Louis Jennings
13 minute read
May 16, 2024 | New York Law Journal
New Rule Permits Attorney Planning to Replace Preliminary ConferencesProcedures for obtaining a Preliminary Conference Order have been amended to permit lawyers to avoid the conference altogether if they meet certain criteria. Attorney Richard Schager, chair of the working groups at NYCBA and NYSBA that developed the amendments to §202.12, discusses the changes, including what prompted the proposal and what changes were made to the initial proposal in order to accommodate public comments.
By Richard J. Schager, Jr.
11 minute read
May 15, 2024 | New York Law Journal
Habeas Law and the Sex Shaming of Brenda AndrewBrenda Andrew's was convicted in Oklahoma of her estranged husband's murder in a trial in which the prosecutor dangled her throng underwear before the jury and otherwise "sex shamed" her. She has petitioned the U.S. Supreme Court to hear her case. Do the constraints of federal habeas law (AEDPA) make that unlikely?
By Paul Shechtman
8 minute read
May 14, 2024 | New York Law Journal
Reasonableness of Property Sale; Unclean Hands: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "JCMC W. 34 Mezz II LLC v. Penn Hotel Jr. LLC," and "214 Lafayette House LLC v. Akasa Holdings."
By Scott Mollen
17 minute read
May 14, 2024 | New York Law Journal
What Lawyers Now Need To Know About COVID-19 Tolling in New YorkA discussion of two recent Court of Appeals decisions interpreting the COVID-19 executive orders that tolled statutes of limitations.
By Ira Brad Matetsky
11 minute read
May 14, 2024 | New York Law Journal
A Deed In a Box: A Rare NY Case Where It Was Tied Up With BowA seemingly tidy and fair solution to a very complicated problem, a deed in escrow gives a borrower additional time to sell or refinance its property while still giving the lender an efficient means to obtain the property if the borrower defaults anew. This is hardly a gift in New York though, where the oft-called "deed in a box" is almost always held to be unenforceable.
By Jeffrey B. Steiner and Megan Vallerie
6 minute read
May 10, 2024 | New York Law Journal
Great Expectancies: Anticipating InheritanceGiven their druthers, parents generally prefer to treat children equally when it comes to passing on parental property upon death however situations may exist where transfers can be fair and equitable, even though not in equal amounts or shares.
By Jeffrey A. Galant
9 minute read
May 09, 2024 | New York Law Journal
Are SEC and FINRA Administrative Hearings Unconstitutional?For the past eighty-five years, the securities industry has been regulated by the SEC and designated SROs under its supervision. But that system is changing.
By Barry R. Temkin
7 minute read
May 07, 2024 | New York Law Journal
Holdover Proceeding; Lease Insurance Requirement; Warrant of Eviction: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "Steiner v. Klein," "191 Chelsea LLC v. Sal's Convenience Corp." and "Easter Home v. Pal Partner."
By Scott Mollen
15 minute read
May 07, 2024 | New York Law Journal
Trends in Real Estate Litigation, Part 2: Good Guy GuarantiesIn this second article in her four-part series examining how litigation can shape the evolution of best practices in the real estate industry, Adrienne Koch discusses a common feature of many commercial lease transactions: the so-called "good guy guaranty."
By Adrienne B. Koch
7 minute read