January 31, 2023 | New York Law Journal
Piercing a Tenant's Corporate Veil; Appointment of a Receiver: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "260-261 Madison Ave. LLC v. WeWork 261 Madison LLC," and NRP Mortgage Trust I v. 701 Elton Ave."
By Scott Mollen
15 minute read
January 24, 2023 | New York Law Journal
Stipulation Vacated; Action to Quiet Title: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "Palacio v. Moursy," where the court vacated the tenant's stipulation to vacate; and "Article 13 LLC v. Ponce de Leon Federal Bank" where denials of summary judgment in an action to Quiet Title to a Brooklyn property was explained.
By Scott Mollen
15 minute read
January 17, 2023 | New York Law Journal
A Blank Commencement Date; J-51 Program: This Week in Scott Mollen's Realty Law DigestIn this edition of his Realty Law Digest, Scott Mollen discusses "17 Lexington Ave. LLC v. Alison Six Star," where a blank commencement date did not render the subject lease agreement unenforceable, and "Spiegel v. 85th Estates Co.," where the court certified a class action in a tenants' suit against the landlord.
By Scott Mollen
15 minute read
January 14, 2023 | New York Law Journal
The Chief Judge DiscourseHaving a well-qualified candidate, selected by the governor, attacked for essentially being a "moderate," sends a terrible message to the public and diminishes respect for New York State and the New York court system in particular.
By Scott Mollen
5 minute read
January 10, 2023 | New York Law Journal
Regulatory Takings and 'U&O' Requests: This Week In Scott Mollen's Realty Law DigestScott Mollen discusses two commercial landlord-tenant cases: "195 B Owner LLC v. Anthropologie," where it was held that pandemic executive orders excused the tenant's rent obligation under its lease provision, and "558 Seventh Ave. Corp. v. PKNY IV," where the court held that an invalidate certificate of occupancy does not bar a request for use and occupancy.
By Scott Mollen
12 minute read
January 03, 2023 | New York Law Journal
Misrepresentation, Harassment and Fraudulent Inducement: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "179-94 St. LLC v. Hassan," where the parties' broad release precluded a lawsuit for alleged misrepresentation in a property sale, "Roldan v. 11610 14 Rd. LLC," where the court awarded damages to a tenant living without running water, and "Eastern Effects, Inc. v. 3911 Lemmon Ave. Assoc.," where a settlement provision barred a commercial tenant's fraudulent inducement claim.
By Scott Mollen
14 minute read
December 27, 2022 | New York Law Journal
Yellowstone Injunctions, Succession Rights, and Guarantees: This Week in Scott Mollen's Realty Law DigestIn this edition of his Realty Law Digest, Scott Mollen discusses "Urban Commons 2 W. LLC v. Battery Park City Auth.," "Kralik v. New York City Dept. of Hous. Preserv. & Dev.," and "511 E. 80th St. LLC v. Margalit."
By Scott Mollen
16 minute read
December 20, 2022 | New York Law Journal
Rent Stabilization, the Doctrine of Impossibility and Special Use Permits: This Week in Scott Mollen's Realty Law DigestThis week, Scott Mollen discusses "Consulting SS Inc. v. McKellar," where the court held that illegal units are still subject to rent stabilization, "96 Springs, LLC v. Chefs Club NY, Inc.," where the doctrine of impossibility did not excuse a restaurant tenant's performance under lease and "East Pine Apartments, LLC v. Village of Cambridge" where an Article 78 proceeding challenging the revocation of a special use permit survived dismissal.
By Scott Mollen
15 minute read
December 13, 2022 | New York Law Journal
Abuse of Process and Denial of Access: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "215 W. 84th St Owner LLC v. Bailey," and "689 E 187th St LLC v. Mathu."
By Scott Mollen
18 minute read
December 06, 2022 | New York Law Journal
Defamation and Mutual Mistake: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "Golan v. Daily News," where an article about the plaintiff's deceptive real estate practices did not constitute defamation, and "Williams v. Sowle," where the complaint was dismissed for failure to establish the mistake in conveyance was mutual.
By Scott Mollen
19 minute read