November 27, 2018 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein, discusses '273 Lee Avenue Tenants Ass'n v. Steinmentz,' where issues of fact existed as to whether the landlord's actions were motivated by discrimination; and 'Matter of Healy v. Town of Hempstead Bd. of Appeals,' where a board of appeals' SEQRA declaration was found fatally flawed, vacating the board's determinations.
By Scott E. Mollen
15 minute read
November 20, 2018 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein, discusses “Milone v. US Bank Nat'l Ass'n,” where the court held notice did not establish the bank's standing to de-accelerate the prior mortgage payment demand, and “Webster Ave. Holdings v. Pough,” where the tenant was awarded partial summary judgment on a laches defense.
By Scott E. Mollen
15 minute read
November 13, 2018 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein, discusses three cases: the landlord-tenant case “Morris v. Morris,” where the court found that a familial relationship required dismissal of the licensee proceeding and that an adoptive or biological relationship is irrelevant; “101 W. Owner I LLC v. 715-723 Sixth Ave. Owners Corp., which involved a special proceeding to confirm an appraisal award arising from a rent reset proceeding, and “Plotch v. Wells Fargo Bank,” where the court rejected the plaintiff's claim that he lacked notice based on the notary's illegible signature.
By Scott E. Mollen
14 minute read
November 06, 2018 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein, discusses two Land Use cases: 'Churches United for Fair Housing, Inc. v. DeBlasio,' where the court held that municipalities are not obligated to conduct racial impact studies when they rezone property; and 'LuxuryBeachfrontGetaway.com, Inc. v. Town of Riverhead,' where in a lawsuit over town law, rental properties were properly found not to be 'dwellings' under FHA.
By Scott E. Mollen
14 minute read
October 30, 2018 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein, discusses three landlord-tenant cases: '525 Delaware LLC v. Krush,' '498 W. End Ave. LLC v. Reynolds,' and 'Matter of Garcia.'
By Scott E. Mollen
12 minute read
October 23, 2018 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein, discusses the adverse possession case “Children's Magical Garden v. Norfolk St. Dev.,” and the landlord-tenant case “3175 GC LLC v. Basey-Goodison.”
By Scott E. Mollen
13 minute read
October 16, 2018 | New York Law Journal
Realty Law DigestScott Mollen discusses 'Cruz v. Seward Park Housing Corp.,' where the court addressed reasonable attorney fees, stating that in this case, $464,164 in legal fees could be viewed as “shocking and disturbing—highway robbery without a six gun.”
By Scott E. Mollen
14 minute read
October 09, 2018 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein, discusses three landlord-tenant cases: “Landucci v. de la Rosa,” “Edwards v. N.Y.C. Hous. Auth.,” and “Capital 155 E. 55th v. Garden House School of N.Y.”
By Scott E. Mollen
12 minute read
October 02, 2018 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein, discusses the adverse possession case “Yee v. Panousopoulos,” the landlord-tenant case, “Matter of Tejada,” and the foreclosure case “Courchevel 1850 LLC v. Stern.”
By Scott E. Mollen
14 minute read
September 25, 2018 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein, discusses 'Matter of Stahl York Ave. Co. v. City of New York,' where it was held that a buildings' inclusion in FAE landmark designation was not an unconstitutional taking.
By Scott E. Mollen
14 minute read