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Scott E Mollen

Scott E Mollen

August 30, 2016 | New York Law Journal

Realty Law Digest

Scott E. Mollen reviews 'Roger Morris Apt. Corp. v. Varela,' where a factual dispute barred summary judgment and failure to show 'ample need' led to a denial of discovery; and 'Matter of Shilian v. All Sons Electric Corp,' where a contractor showed good cause to allow the court to extend a mechanics' lien nunc pro tunc.

By Scott E. Mollen

22 minute read

August 23, 2016 | New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law reviews three landlord-tenant cases: 'Git Leb, LLC v. Golphin,' 'IA2 Service LLC v. Quinapanta,' and '135 W. 13, LLC v. Judith Stolerman,' and a contract case, 'Wang v. Martinez.'

By Scott E. Mollen

23 minute read

August 16, 2016 | New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law reviews “Kosciuszko Plaza v. N.Y. City Department of Housing Preservation and Development,” where an owner's petition challenging HPD's denial of J-51 tax benefit application was held time-barred, and “61 West 37th Street LLC v. Senevi,” where a landlord was held not to be entitled to an assignment fee.

By Scott E. Mollen

25 minute read

August 09, 2016 | New York Law Journal

Realty Law Digest

Scott E. Mollen reviews recent cases, including one where a co-op requested its insurer pay for structural work needed to bring the building into compliance with codes, asserting that because the need for those repairs was discovered during water damage remediation, which was covered, the structural work should be covered by the policy's 'Blanket Ordinance or Law Coverage Endorsement.'

By Scott E. Mollen

22 minute read

August 02, 2016 | New York Law Journal

Realty Law Digest

Scott E. Mollen reviews 'Chateau Owners Corp. v. Monahan,' where a co-op sought to terminate a tenant's lease because the tenant had allegedly made plumbing modifications without the co-op's permission; and 'Green Tree Servicing v. Christodoulakis,' where prejudgment interest was awarded on an unjust enrichment claim.

By Scott E. Mollen

26 minute read

July 26, 2016 | New York Law Journal

Realty Law Digest

Scott E. Mollen reviews 'Kimso Apartments v. Mateo,' where a landlord failed to establish that harboring pit bulls was a “hazardous act"; and 'Tomic v. 92 East LLC,' where plaintiffs failed to demonstrate that the current owner knew that the prior owner unlawfully deregulated the apartment.

By Scott E. Mollen

17 minute read

July 20, 2016 | New York Law Journal

Realty Law Digest

Scott E. Mollen '805 Car Wash v. Lichter,' where a lease's proposed assignee was held to lack standing to assert a claim against the landlord of a car wash over an allegedly wrongful and unreasonable refusal to grant consent to assign the business; and 'Tomic v. 92 East LLC,' where tenants were found entitled to summary judgment in an overcharge suit.

By Scott E. Mollen

24 minute read

July 13, 2016 | New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law reviews 'HSBC Bank v. Zair,' where a mortgagee bank could not be forced to accept ownership of a home destroyed by Superstorm Sandy; and 'Yashar Foundation v. Schwatzman,' where a non-profit was denied summary judgment in a holdover proceeding to recover possession for own use.

By Scott E. Mollen

24 minute read

July 06, 2016 | New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law reviews “Step By Step, Inc. v. City of Ogdensburg,” where the court found that animus against the disabled was a significant factor in the city's decision to deny a zoning application; and “Galanova v. Safir,” where justices dismissed a co-op tenant's defamation suit.

By Scott E. Mollen

22 minute read

June 29, 2016 | New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law reviews “1301 Properties v. Abelson,” where ex-Dewey partners were spared liability for lease payments.

By Scott E. Mollen

25 minute read