November 08, 2016 | 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 'East Village Re Holdings v. McGowan,' 'City Club v. Park Trust,' and 'NSA 2015 Owner v. Frederick.'
By Scott E. Mollen
19 minute read
November 01, 2016 | 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 'Thurston v. Sisca,' 'Morgan Stanley Mtge. Loan Trust v. Morgan Stanley Mtge. Capital Holdings,' and 'Cushman & Wakefield of Connecticut v. Access Private Duty Services.'
By Scott E. Mollen
29 minute read
October 25, 2016 | 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 'RSP 100 Property LLC v. Brant,' where nuisance allegations made to justify terminating a landlord/tenant relationship were held unproven; and 'Deutsche Bank v. Flagstar Capital Mkts,' where the court held that a 2015 Court of Appeals ruling mandated dismissal of a 2014 breach action as time-barred.
By Scott E. Mollen
28 minute read
October 18, 2016 | 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 three landlord-tenant cases: 'Pena v. Lockenwitz,' 'ROC Century Associates v. Papavasiliou,' and '1120 Bergen Street v. Beckford.'
By Scott E. Mollen
21 minute read
October 11, 2016 | New York Law Journal
Realty Law DigestScott E. Mollen reviews cases involving the fiduciary duty owed by tenants-in-common, the requirements of a notice of nonrenewal based on a landlord's assertion he was recovering the subject apartment "for the use and occupancy of himself and his immediate family," and the impact of a subsequent amendment to a land use code during an appeal.
By Scott E. Mollen
22 minute read
October 04, 2016 | 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 'Garry v. Ryan & Henderson, P.C.,' where the court found issues of fact existing as to whether a landlord promptly repaired premises' parking garage; and 'Matter of City of New York v. 2305-07 Third Ave., LLC,' where an EDPL Article 4 Eminent Domain Proceeding for certain Harlem parcels was held timely brought by the city.
By Scott E. Mollen
25 minute read
September 27, 2016 | New York Law Journal
Realty Law DigestScott E. Mollen reviews 'Congel v. Malfitano,' where the court dealt with determining the value of a partnership interest post dissolution; and 'Colleen & John Austin v. Town of Farmington,' where a fair housing claim was revived in a property restoration suit.
By Scott E. Mollen
24 minute read
September 20, 2016 | 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 'Graham v. 420 East 72nd Tenants Corp.,' '729 Prospect Realty Service Corp. v. Rodriguez,' and 'Fuller v. 79 Hamilton Place Housing.'
By Scott E. Mollen
26 minute read
September 14, 2016 | 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 “Jack Kelly Partners v. Zegelstein,” where the Appellate Division ruled on issues of fact as to frustration of purpose, recission and breach of contract.
By Scott E. Mollen
17 minute read
September 07, 2016 | 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 “N.Y. City Construction v. Morgenstern Bros. Realty,” where the court granted tenant a Yellowstone injunction, finding the landlord's assertions “speculative"; and “Oceanview Manor Home for Adults v. Vargas," where the Housing Court was found to have jurisdiction over the termination of an SSL facility resident.
By Scott E. Mollen
27 minute read