Scott E Mollen

January 17, 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 'Goldman v. Bracker,' where a tenant was granted additional time to view video surveillance tapes in a non-primary residence case, and 'St. Joseph Immigrant Home v. Bulong,' where the duration of the tenants' efforts to relocate was held to be not unreasonable.

By Scott E. Mollen

25 minute read

January 11, 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 “Garson v. Tarmy,” where an easement reserved to owners of dominant lots was held not to have created an express easement , and “Westbeth v. Gross,” where it was held that the respondent in the case could not occupy the subject premises in an individual capacity.

By Scott E. Mollen

18 minute read

January 03, 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 'Skanska USA Building v. Atlantic Yards B2 Owner, LLC,' where a "guarantee" posted by a high-rise's builder was found to meet Lien Law §5's "undertaking" requirement.

By Scott E. Mollen

31 minute read

December 28, 2016 | 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 “Metro Sixteen Hotel v. Davis,” where a tenant was permanently enjoined from filing further lawsuits without court approval, and “Partita Partners v. USA,” where a $4 million deduction based on a preservation easement was held not authorized under §170(h)(4)(B).

By Scott E. Mollen

19 minute read

December 21, 2016 | 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 'Hamilton 65th Partners v. Smallbone', where a landlord was judicially estopped from seeking holdover rent, and '700 Bklyn Realty v. Forsythe', where a tenant who established a colorable claim of fraud and was granted discovery beyond the usual four-year look-back period.

By Scott E. Mollen

19 minute read

December 13, 2016 | 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 'Matter of Village of South Blooming Grove v. Village of Kiryas Joel Board of Trustees,' where the court upheld Kiryas Joel's annexation of 164 acres from the town of Monroe.

By Scott E. Mollen

28 minute read

December 06, 2016 | 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 'Aponte v. N.Y. City Housing Authority,' where tenants were granted a directed verdict on NYCHA's liability in failing to eradicate a bedbug issue.

By Scott E. Mollen

18 minute read

November 29, 2016 | 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 'Pfeffer v. N.Y. City Depart. of Finance', where class certification granted in ADA suit over rent freeze program's administration by agency; and 'Houdek Real Estate Co. v. Bayport Postal Realty', where a landowner's adverse possession claim failed, but its prescriptive easement assertion was allowed to proceed.

By Scott E. Mollen

21 minute read

November 22, 2016 | 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 'Dolomite Products v. Town of Ballston,' where a challenge to a zoning decision was held not 'ripe' because the final decision on the underlying project was never issued.

By Scott E. Mollen

15 minute read

November 15, 2016 | 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 'Old Country Road Realty v. Zisholtz & Zisholtz', where the court rejected a tenant's claim of five percent late fee as usurious, granting the landlord summary judgment; and 'Women in Need, Inc. v. Allen', where the respondent was granted vacatur of judgment in a non-payment proceeding.

By Scott E. Mollen

20 minute read