Scott E Mollen

August 15, 2017 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses 'Portofino Realty Corp. v. N.Y. State Division of Housing,' where the court held that the creation of the Tenant Protection Unit does not deprive landlords of Due Process.

By Scott E. Mollen

11 minute read

August 08, 2017 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law, reviews 'Taylor v. 72A Realty Assoc.,' involving a tenant's allegations of fraud over apartment improvements for an apartment that was improperly deregulated, and 'Statler v. Dioguardi,' involving a Yellowstone injunction and constructive eviction allegations.

By Scott E. Mollen

33 minute read

August 01, 2017 | New York Law Journal

Scott E. Mollen discusses three landlord-tenant cases—'408 St. John's Place v. Estate of Bartholomew,' 'The Grove v. Suquilanda,' and 'Prospect Union Associates v. DeJesus,' and a Toxic Substances Control Act case—'USA v. Accolade Construction Group.'

By Scott E. Mollen

13 minute read

July 25, 2017 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses 'Reinhard v. Connaught Tower Corp.,' where a judgment of liability against a co-op board based on second-hand smoke was reversed by the Appellate Division which found that the source of smoke was never identified and the plaintiff only stayed in the apartment occasionally, and 'One Eighteen Housing Development Fund v. Smith,' where a holdover petition failed to state causes of action under two of three lease sections.

By Scott E. Mollen

17 minute read

July 18, 2017 | New York Law Journal

Scott E. Mollen discusses '541 Union v. Rivera,' where a tenant was awarded succession of tenancy where he was able to prove he was a "non-traditional" family member, and '279 E 92nd Street Corp. v. Grose,' where the landlord failed to show a default so unjustified as to warrant a finding of violation of tenancy.

By Scott E. Mollen

10 minute read

July 11, 2017 | New York Law Journal

Scott E. Mollen discusses '159-MP Corp. v. CAB Bedford,' where the plaintiff/lessor of a Food Town grocery store failed to get an injunction against the landlord of a Whole Foods store opening up nearby.

By Scott E. Mollen

27 minute read

July 03, 2017 | New York Law Journal

Scott E. Mollen discusses 'Oren Apartments v. Torres,' where a split authority on deregulation was resolved, and '415 Realty v. Abel Campos,' where a defendant wife succeeded to tenancy when it was found that the landlord was aware that the husband had permanently vacated the premises.

By Scott E. Mollen

11 minute read

June 29, 2017 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Lorne v. 50 Madison Avenue Condominium,” where the court held that a condo board was not responsible for repairs to structural defects in the plaintiff's unit.

By Scott E. Mollen

22 minute read

June 20, 2017 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Coliseum Tenants. v. Benmark,” where the petitioner's holdover proceeding for lease violation was dismissed because petitioner failed to prove that alterations to the respondent's co-op had been done without board approval, and “364 93rd Street LLC v. Clementine,” where a landlord was awarded judgment of possession due to tenant's harassing conduct which the court found constituted nuisance.

By Scott E. Mollen

26 minute read

June 13, 2017 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses 'Goldstein v. Lipetz,' a landlord-tenant case where although the majority found the defendant had "exploited the governmentally-conferred privilege of her rent-stabilized tenancy" by profiting from subletting her apartment through the company Airbnb, the dissent argued that "there is a question of fact as to whether defendant engaged in profiteering, or rather used Airbnb to enable herself to continue to live in her long time home, which would not be inconsistent with the purposes of the Rent Stabilization Law."

By Scott E. Mollen

25 minute read