April 13, 2016 | New York Law Journal
Realty Law DigestScott E. Mollen reviews 'MB Property Group v. Church & Swan Properties,' where a real estate broker provided sufficient proof of an implied agreement, allowing him to receive a commission.
By Scott E. Mollen
31 minute read
April 06, 2016 | New York Law Journal
Realty Law DigestScott E. Mollen reviews 'Gomez v. Rossrock,' a landlord-tenant case where the tenants fraudulent overcharge claim was dismissed, and '385 Bayview v. Warren,' a holdover proceeding where it was found that the landlord did not waive the holdover petition by accepting rent between the time of the service of the notice of termination and service of the petition.
By Scott E. Mollen
11 minute read
March 30, 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 “Dormitory Authority of the State of New York v. Roman Catholic Church of Saint Ignatius,” involving easement by implication, where a school's motion to enjoin an adjacent development failed, and “Wells Fargo Bank v. Pena,” where an action was stayed pending a decision in a New Jersey proceeding.
By Scott E. Mollen
15 minute read
March 23, 2016 | New York Law Journal
Realty Law DigestScott E. Mollen reviews 'Basis Yield Alpha Fund Master v. Morgan Stanley,' where the First Department found that reasonable reliance was sufficiently pleaded in support of plaintiff's fraud and fraudulent concealment causes of action, thus affirming the denial of the underwriter's motion to dismiss, and 'Yorkroad v. Corrigan,' where a tenant was granted significant rent abatements for the landlord's failure to remedy leaks.
By Scott E. Mollen
12 minute read
March 09, 2016 | New York Law Journal
Realty Law DigestScott E. Mollen reviews 'Spartan Diner v. Patsalos,' where a complaint alleging breach of contract was dismissed, and 'Purifoy v. Walter Investment Management Corp.,' where the court allowed a breach claim against a mortgage servicer to survive.
By Scott E. Mollen
15 minute read
March 02, 2016 | New York Law Journal
Realty Law DigestScott E. Mollen reviews 'NRP Holdings v. City of Buffalo,' where a developer's promissory estoppel claims in a suit over a failed housing project survived dismissal, and 'Hempstead Housing Authority v. Moorer,' where the court ruled that the loss of home and the right against self-incrimination were more important than prejudice to the landlord.
By Scott E. Mollen
13 minute read
February 24, 2016 | New York Law Journal
Realty Law DigestScott E. Mollen reviews 'Septimus v. Village of Lawrence,' 'Sedgwick v. Cruz,' and 'Manning v. Forest.'
By Scott E. Mollen
15 minute read
February 17, 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 'Thor 725 8th Avenue v. Goonetilleke,' where the court granted the landlord judgment on a guaranty breach claim, and a reduced attorney fee award was found to be warranted.
By Scott E. Mollen
17 minute read
February 10, 2016 | New York Law Journal
Realty Law DigestScott E. Mollen reviews 'BT Holdings v. Village of Chester,' where, finding no attorney-client relationship in an Article 78 proceeding, the lawyer and firm were not disqualified, and 'Olivero v. NYCHPD,' where a succession claim to a New York City apartment was overturned.
By Scott E. Mollen
14 minute read
February 03, 2016 | New York Law Journal
Realty Law DigestScott E. Mollen reviews 'Baez v. NYCHA,' dealing with a class action alleging NYCHA's failure to abate mold and excessive moisture problems, and 'Mauriello v. Flocco,' where factual issues were raised if the doctrine of estoppel applies barring a usury defense claim.
By Scott E. Mollen
11 minute read
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