Scott E Mollen

September 18, 2018 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses 'Sanjana v. King,' where the sellers were entitled to keep the deposit where the buyers failed to obtain a mortgage commitment and timely cancel the contract; '230 E. 48th St. LLC v. Campisi,' where the court found that by renting her stabilized apartment through Airbnb, the tenant “commercialized her apartment” and treated it as a de facto hotel; and 'E. Midtown Plaza Hous. Co. v. Gamble,' where the landlord established entitlement to summary judgment of possession of the subject apartment based on illegal use of the premises.

By Scott E. Mollen

13 minute read

September 11, 2018 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses two landlord-tenant cases: “Park N. Realty v. Cheik,” where the court dismissed a claim for possessory judgment based on laches, and “Matter of Sung v. Jiha,” where tenants defeated NYC Department of Finance's effort to recoup DRIE credits.

By Scott E. Mollen

12 minute read

September 04, 2018 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses two commercial landlord-tenant cases: “325 E. 14th St. Corp. v. Marie France Realty,” where neither party was a “prevailing party”; and “D'Jesus Rest. Corp. v. 1133 Boston Rd. LLC,” where the court held that the landlord did not tortiously interfered with tenant's sale of her restaurant.

By Scott E. Mollen

10 minute read

August 28, 2018 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses 'Pastreich v. Pastreich,' where the plaintiff was required to pay a “modest shortfall” in addition to substituted properties to a trust in order to regain title to a building, and 'Rosen Associates v. Suburban Props.' where the court held that a real estate broker was not entitled to commission on a lease with which it was not involved.

By Scott E. Mollen

18 minute read

August 21, 2018 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses Stavinsky v. Prof-2013-S3 Legal Title Trust by U.S., a foreclosure auction case where the court held that sale terms required the assignee of the winning bidder to pay the prior tenants' maintenance arrears; and Hua Hong Industrial v. Diaz where the landlord was held to have violated AC §27-2005(d) by commencing a baseless proceedings against the tenant.

By Scott E. Mollen

13 minute read

August 14, 2018 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses “Priceman Family, LLC v. Kerrigan,” where the court held that smoking inside one's apartment was found not prohibited by the lease and did not constitute nuisance; and “Zucker v. HSBC Bank,” where a loan and mortgage modification agreement restarted the statute of limitations on a mortgage debt.

By Scott E. Mollen

13 minute read

August 07, 2018 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses two landlord-tenant cases: 'Alston v. Starrett City Inc.' and 'Brookdale Vill. Hous. Corp. v. Garcia,' and the land use case 'Matter of De Francesco v. Perlmutter.'

By Scott E. Mollen

4 minute read

July 31, 2018 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses “Luce v. Fleck,” where an engagement ring was held to be a conditional gift entitling ex-fiance to have the ring returned or the value of the ring; and “OLR ECW LP v. De Abreud,” where a tenant's refusal to recertify and cure the default granted the landlord summary judgment.

By Scott E. Mollen

1 minute read

July 17, 2018 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Bistro Shop and Penny Bradley v. N.Y. Park N. Salem, Inc.," where a commercial restaurant tenant was found entitled to rescission where the owner was still doing construction work almost a decade After commencement of the lease.

By Scott E. Mollen

1 minute read

July 10, 2018 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses the brokerage case “106 N. Broadway LLC v. Houlihan Lawrence” dealing with fiduciary duties, and the landlord-tenant case “Faber v. Loft 14 Condominium” where a tenant thwarted the landlord's efforts to abate violations.

By Scott E. Mollen

2 minute read