March 28, 2017 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law reviews 'Kwai & Wong v. Hodges,' where a single fire incident by a tenant in the premises did not constitute a nuisance, and 'Bartis v. Harbor Tech,' where it was held that housing accommodations that are in a building converted from a commercial to a residential building after Jan. 1, 1974, are exempt from rent stabilization.
By Scott E. Mollen
21 minute read
March 21, 2017 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law reviews 'Miller v. Falco,' where an unlicensed home improvement contractor was held not able to recover on claims for breach of contract, quantum meruit or unjust enrichment, and 'Estrada v. Browand,' where a tenant was restored possession of the subject apartment after the landlord's actions where held to constitute an illegal lockout.
By Scott E. Mollen
19 minute read
March 14, 2017 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses 'Rehabilitation Support Services v. Town of Esopus,' where a zoning board's finding was held not to constitute a final decision on the proposed residence at issue.
By Scott E. Mollen
34 minute read
March 08, 2017 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law reviews “11-01 36 Avenue v. Quamar,” dealing with time-of-essence letters, and “Roger Morris Apt. v. Varela,” where a factual dispute barred summary judgment.
By Scott E. Mollen
22 minute read
February 28, 2017 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses 'Klyczek v. Shannon', a civil rights case dealing with discrimination and the definition of "single-family house" under the Fair Housing Act.
By Scott E. Mollen
12 minute read
February 21, 2017 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law reviews 'WDF v. The Trustees of Columbia Univ.', where the court held that "no damage for delay" clauses are generally enforceable, while also discussing the exceptions to this rule.
By Scott E. Mollen
23 minute read
February 15, 2017 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law reviews “Matter of Peralta v. N.Y. State Division of Housing and Community Renewal,” where a deputy commissioner's determination was held to be an abuse of discretion, and “Hildred Temple v. Hudson View Owners,” where the court dismissed disabled plaintiffs' complaint alleging entitlement to two parking spaces.
By Scott E. Mollen
20 minute read
February 07, 2017 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law reviews 'Schroder & Strom v. Vazouras', where the court found that the mere filing and settling of tax assessment claims was not the practice of law, and 'Rios v. Rosado', where tenants were granted disclosure beyond the four-year look back period in a nonpayment suit.
By Scott E. Mollen
25 minute read
January 31, 2017 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law reviews 'Pureform v. 2374 Concourse Assoc.,' where a commercial tenant who was able to show an ability to cure its defaults was granted a Yellowstone injunction, and 'Matter of Brown, HP,' where the court denied a motion to appoint an Article 7A administrator.
By Scott E. Mollen
23 minute read
January 24, 2017 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law reviews 'Waterview Towers v. 2610 Cropsey Development,' where a cooperative housing corporation was held to have established the required elements of adverse possession.
By Scott E. Mollen
30 minute read
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