Scott E Mollen

February 25, 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 'Matter of Mary Veronica Santiago-Monteverde', where the New York Court of Appeals held that a tenant's interest in her rent-stabilized lease was a 'public assistance benefit,' and thus exempt from her bankruptcy estate; and '56 7th Avenue, LLC v. Sobel,' where it was held that a tenant's absence from his apartment for health reasons, was excusable.

By Scott E. Mollen

13 minute read

February 24, 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 'Matter of Mary Veronica Santiago-Monteverde', where the New York Court of Appeals held that a tenant's interest in her rent-stabilized lease was a 'public assistance benefit,' and thus exempt from her bankruptcy estate; and '56 7th Avenue, LLC v. Sobel,' where it was held that a tenant's absence from his apartment for health reasons, was excusable.

By Scott E. Mollen

13 minute read

February 18, 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 “Commerce Street Professional Center, LLC v. Connolly,” where the court held that a guarantor cannot be exposed to a greater obligation than he intended or consented to, and “Board of Managers of the 125 North 10th Condominium v. 125 North 10, LLC,” where it was held that a building's managing agent was not responsible for the building's 'defective' design and construction.

By Scott E. Mollen

12 minute read

February 18, 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 “Commerce Street Professional Center, LLC v. Connolly,” where the court held that a guarantor cannot be exposed to a greater obligation than he intended or consented to, and “Board of Managers of the 125 North 10th Condominium v. 125 North 10, LLC,” where it was held that a building's managing agent was not responsible for the building's 'defective' design and construction.

By Scott E. Mollen

12 minute read

February 11, 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 “US Bank Natl. Assoc. v. Williams,” where the Appellate Division addressed remedies for a lenders' failure to act in good faith during foreclosure settlement conferences, and “Green Tree Servicing v. Christodoulakis,” where a borrower used proceeds from an unrecorded mortgage to satisfy a recorded mortgage, prompting a court ordered attachment and a finding that unjust enrichment does not require a finding of wrongdoing.

By Scott E. Mollen

16 minute read

February 10, 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 “US Bank Natl. Assoc. v. Williams,” where the Appellate Division addressed remedies for a lenders' failure to act in good faith during foreclosure settlement conferences, and “Green Tree Servicing v. Christodoulakis,” where a borrower used proceeds from an unrecorded mortgage to satisfy a recorded mortgage, prompting a court ordered attachment and a finding that unjust enrichment does not require a finding of wrongdoing.

By Scott E. Mollen

16 minute read

February 04, 2015 | New York Law Journal

Scott E. Mollen reviews "LIDC I v. Sunrise Mall," where a Yellowstone injunction was denied when mall tenants failed to show an ability to cure their default, "Newport Gardens v. McCoy," where the court found the allocution of an illiterate pro se tenant was far below the minimum level rendering her signed stipulation unjust, and more.

By Scott E. Mollen

15 minute read

February 03, 2015 | New York Law Journal

Scott E. Mollen reviews "LIDC I v. Sunrise Mall," where a Yellowstone injunction was denied when mall tenants failed to show an ability to cure their default, "Newport Gardens v. McCoy," where the court found the allocution of an illiterate pro se tenant was far below the minimum level rendering her signed stipulation unjust, and more.

By Scott E. Mollen

15 minute read

January 28, 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 'Board of Managers of the South Star v. WSA Equities', where the complaint at issue failed to allege a relationship between condo unit owners and sponsors; and 'In re Glick v. Harvey,' where NYU won a bid for a $6 billion Greenwich Village expansion; and 'Pickerell v. The Town of Huntington,' where a zoning board of appeals failed to comply with SEQRA in granting a permit for a 7-Eleven.

By Scott E. Mollen

13 minute read

January 26, 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 'Board of Managers of the South Star v. WSA Equities', where the complaint at issue failed to allege a relationship between condo unit owners and sponsors; and 'In re Glick v. Harvey,' where NYU won a bid for a $6 billion Greenwich Village expansion; and 'Pickerell v. The Town of Huntington,' where a zoning board of appeals failed to comply with SEQRA in granting a permit for a 7-Eleven.

By Scott E. Mollen

13 minute read