Scott E Mollen

May 12, 2015 | New York Law Journal

Scott 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

May 06, 2015 | 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 three landlord-tenant cases: 'Conason v. Megan Holding,' 'GDA Realty v. Puello,' and 'Supportive Slope v. Baxter.'

By Scott E. Mollen

16 minute read

May 05, 2015 | 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 three landlord-tenant cases: 'Conason v. Megan Holding,' 'GDA Realty v. Puello,' and 'Supportive Slope v. Baxter.'

By Scott E. Mollen

16 minute read

April 29, 2015 | New York Law Journal

Scott E. Mollen reviews '230 Park Ave. Holdco v. Kurzman Karelsen & Frank', where there was an issue of fact as to whether the landlord interfered with the tenant's right to assign or sublet; 'Newman v. Federal National Mortgage Assoc.', where a co-op owner was granted a stay of eviction pending the resolution of a foreclosure action, and '665-675 Apartment Corp. v. Verdeschi', where a landlord's suit to terminate the tenant's proprietary lease for violation of the rules was dismissed.

By Scott E. Mollen

13 minute read

April 28, 2015 | New York Law Journal

Scott E. Mollen reviews '230 Park Ave. Holdco v. Kurzman Karelsen & Frank', where there was an issue of fact as to whether the landlord interfered with the tenant's right to assign or sublet; 'Newman v. Federal National Mortgage Assoc.', where a co-op owner was granted a stay of eviction pending the resolution of a foreclosure action, and '665-675 Apartment Corp. v. Verdeschi', where a landlord's suit to terminate the tenant's proprietary lease for violation of the rules was dismissed.

By Scott E. Mollen

13 minute read

April 22, 2015 | New York Law Journal

Scott E. Mollen reviews 'Brookford v. Penraat,' where a rent-controlled tenant was found to be Airbnb 'profiteering'; and 'Jewish People for the Betterment of Westhampton Beach v. The Village of Westhampton Beach,' where the Second Circuit ruled in favor of the defendants in allowing Eruv markers on the town's utility poles.

By Scott E. Mollen

14 minute read

April 15, 2015 | New York Law Journal

Scott E. Mollen reviews '326 East 85 Realty v. Hairy Monk Corp.,' where the court held that a clause requiring a $500-per-day late fee constitutes a penalty and is therefore unenforceable; 'Centech v. Yippie Holdings,' where a right of first refusal was not triggered upon a sale of foreclosure by a referee; and 'Loudon House v. Town of Colonie,' where it was held that a town board acted arbitrarily in enacting a local law.

By Scott E. Mollen

13 minute read

April 14, 2015 | New York Law Journal

Scott E. Mollen reviews '326 East 85 Realty v. Hairy Monk Corp.,' where the court held that a clause requiring a $500-per-day late fee constitutes a penalty and is therefore unenforceable; 'Centech v. Yippie Holdings,' where a right of first refusal was not triggered upon a sale of foreclosure by a referee; and 'Loudon House v. Town of Colonie,' where it was held that a town board acted arbitrarily in enacting a local law.

By Scott E. Mollen

13 minute read

April 08, 2015 | 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 'W&G Wines v. Golden Chariot Holdings,' where a tenant was granted a 'Yellowstone' injunction pending an evidentiary hearing on certain allegations; and 'Aurora Loan Services v. Diakite,' where the court concluded that the plaintiff failed to negotiate in good faith, resulting in a stay of all interest and costs.

By Scott E. Mollen

15 minute read

April 07, 2015 | 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 'W&G Wines v. Golden Chariot Holdings,' where a tenant was granted a 'Yellowstone' injunction pending an evidentiary hearing on certain allegations; and 'Aurora Loan Services v. Diakite,' where the court concluded that the plaintiff failed to negotiate in good faith, resulting in a stay of all interest and costs.

By Scott E. Mollen

15 minute read