February 06, 2024 | New York Law Journal
Disability Discrimination; Mismanagement Action: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "Galonsky v. East 17th LLC," where the court had to decide whether there was "undue hardship in the context of the feasibility of an accommodation." and Medley v. 540 W. 146th Street Hous. Dev. Fund Corp." where an action for mismanagement was dismissed.
By Scott Mollen
20 minute read
January 30, 2024 | New York Law Journal
Town Liability Under USC §1983: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "DLV Quogue, LLC v. The Town of Southampton," involving motions for summary judgment made by the plaintiffs and the defendants in an action involving a mixed-use development and related land use issues.
By Scott Mollen
15 minute read
January 23, 2024 | New York Law Journal
Foreclosure Orders; Default Judgement of Foreclosure and Sale; Water Charge Calculations: This Week In Scott Mollen's Realty Law DigestScott Mollen discusses "Universal Construction, Inc. v. Ramza," "Axos Bank v. Ottomanelli," and "Omega Mkt. v. NYC Dep't of Environmental Protection.
By Scott Mollen
16 minute read
January 09, 2024 | New York Law Journal
Actual Authority in Agency Law; Equitable Rights of Redemption: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses Penichter v. Schroeder," and "DCH LEX Propco GP v. YS 541 Lexington Holdings."
By Scott Mollen
12 minute read
January 02, 2024 | New York Law Journal
Attorney Fees; Untimely Tax Assessment Challenge: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "Stempeck v. Townhouse West 83rd," dealing with attorney fees, and "Coscia v. Town of Greenburgh," involving an untimely tax assessment challenge proceeding.
By Scott Mollen
13 minute read
December 26, 2023 | New York Law Journal
Brokers' Commission; Preferential Rent: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "Besen Partners LLC v. 36 W. 128th, LLC," concerning a dispute over brokers' commission, and "201 East 164th Street Associates LLC v. Calderon," where the court found that the subject lease directly referenced a rider.
By Scott Mollen
13 minute read
December 19, 2023 | New York Law Journal
Frustration of Right To Tender Mortgage Arrears; Guaranty Agreements: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "Flushing Bank v. Cory Realty" and "231/249 W. 39 St. Assocs. v. Chan."
By Scott Mollen
15 minute read
December 12, 2023 | New York Law Journal
Measuring Damages for a Partial Taking by the City of New York: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "City of New York v. Coney Island Plan (Wantanabe)," which involved a determination of the amount of "just compensation" to be awarded to a property owner based on the City of New York taking "part of the subject property."
By Scott Mollen
19 minute read
December 05, 2023 | New York Law Journal
Statute of Limitations for Mortgage Foreclosure Actions; Illegal Lockout Proceeding: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "Bank of N.Y. Mellon v. DeMatteis," where the court held that the bankruptcy stay pursuant to Section 362(a)(1) (§362) "tolls the [statute of limitations] for commencing a mortgage foreclosure action against the defendant debtor, regardless of whether that defendant owns the property at the time of the bankruptcy filing," and "Knowles v. 21st Mtge. Corp.," a landlord-tenant case where the court held that the tenant's failure to pay bills did not constitute abandonment of property.
By Scott Mollen
19 minute read
November 14, 2023 | New York Law Journal
Private Nuisance and 'Extremely Contentious Disputes': This Week in Scott Mollen's Realty Law DigestIn his Realty Law Digest, Scott Mollen discusses 'Theroux v. Resnicow' dealing with private nuisance and "extremely contentious disputes among neighboring co-op shareholders."
By Scott Mollen
19 minute read
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