June 17, 2015 | New York Law Journal
Realty Law DigestScott E. Mollen reviews 'Bpark v. Durena,' an Airbnb case, where the court found the landlord's extensive evidence proved that the tenants engaged in profiteering by renting out the apartment to short-term vacationers; and '504 Associates v. Nason,' where it was held that the expiration of the original lease ends the guarantor's obligation.
By Scott E. Mollen
12 minute read
June 10, 2015 | 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 four landlord-tenant cases: 'NY Great Stone v. Two Fulton Square,' '1750 Davidson Ave v. Brisco,' 'Hitchcock Plaza v. Fortune,' and 'SLL 407 CPW v. Reilly.'
By Scott E. Mollen
13 minute read
June 09, 2015 | 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 four landlord-tenant cases: 'NY Great Stone v. Two Fulton Square,” '1750 Davidson Ave v. Brisco,' 'Hitchcock Plaza v. Fortune,' and 'SLL 407 CPW v. Reilly.'
By Scott E. Mollen
13 minute read
June 03, 2015 | New York Law Journal
Realty Law DigestScott E. Mollen reviews 'Moutopoulis v. 2075-2081 Wallace Avenue Owners,' where the lesson learned was that a cooperative corporation's poor financial condition could render the individual co-op apartments uninsurable, unmarketable and unfinanceable; 'G.M.M. v. Kimpson,' where issues of fact remained as to whether an apartment renovation sufficiently encapsulated a lead condition; and 'Drapala v. Pasan,' where the landlord failed to establish requisite good faith to recover possession of the premises.
By Scott E. Mollen
12 minute read
June 02, 2015 | New York Law Journal
Realty Law DigestScott E. Mollen reviews 'Moutopoulis v. 2075-2081 Wallace Avenue Owners,' where the lesson learned was that a cooperative corporation's poor financial condition could render the individual co-op apartments uninsurable, unmarketable and unfinanceable; 'G.M.M. v. Kimpson,' where issues of fact remained as to whether an apartment renovation sufficiently encapsulated a lead condition; and 'Drapala v. Pasan,' where the landlord failed to establish requisite good faith to recover possession of the premises.
By Scott E. Mollen
12 minute read
May 27, 2015 | New York Law Journal
Realty Law DigestScott E. Mollen reviews 'Tucciarone v. The Hamlet On Olde Oyster Bay Homeowners Assoc,' where plaintiffs were permitted to amend their complaint and assert a claim of breach of fiduciary duty; and 'Tantaro v. Common Ground Community Housing Development Fund,' where the tenant's girlfriend was found to be a mere licensee, not a tenant entitled to relief under RPAPL §§711, 853.
By Scott E. Mollen
14 minute read
May 26, 2015 | New York Law Journal
Realty Law DigestScott E. Mollen reviews 'Tucciarone v. The Hamlet On Olde Oyster Bay Homeowners Assoc,' where plaintiffs were permitted to amend their complaint and assert a claim of breach of fiduciary duty; and 'Tantaro v. Common Ground Community Housing Development Fund,' where the tenant's girlfriend was found to be a mere licensee, not a tenant entitled to relief under RPAPL §§711, 853.
By Scott E. Mollen
14 minute read
May 20, 2015 | New York Law Journal
Realty Law DigestScott E. Mollen reviews 'Countrywide Home Loans v. Crespo,' where the court found circumstances showed no intent by plaintiff to abandon his foreclosure action; and '2420 Webster Ave v. Jones,' where the landlord failed to meet its burden to show the tenant surrendered her rent-controlled apartment.
By Scott E. Mollen
16 minute read
May 19, 2015 | New York Law Journal
Realty Law DigestScott E. Mollen reviews 'Countrywide Home Loans v. Crespo,' where the court found circumstances showed no intent by plaintiff to abandon his foreclosure action; and '2420 Webster Ave v. Jones,' where the landlord failed to meet its burden to show the tenant surrendered her rent-controlled apartment.
By Scott E. Mollen
16 minute read
May 13, 2015 | New York Law Journal
Realty Law DigestScott E. Mollen reviews 'Thor 725 8th Avenue v. Goonetilleke,' where the payment of rent was not excused by constructive eviction; '518 West 184th Street v. Guzman,' where a lawyer's defaults and delays were held to have caused the public unnecessary expense; 'In re Mary Veronica Santiago-Monteverde v. Pereira,' where a rent-stabilized lease was held exempt from a debtor's bankruptcy, and more.
By Scott E. Mollen
13 minute read