August 22, 2023 | New York Law Journal
Sale of Air Rights; Use and Occupancy: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "301 E. 60th St. LLC v. Competitive Solutions LLC," where the issue was whether a contract pertaining to the sale of inclusionary air rights can be subject to specific performance, and "Dahl v. Prince Holdings 2012 LLC," where the landlord was granted use and occupancy.
By Scott Mollen
17 minute read
August 15, 2023 | New York Law Journal
Ice Cream Parlor Granted Yellowstone Injunction: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "Egger's Original Ice Cream Inc. v. Staten Island Historical Soc'y Inc." where a tenant ice cream parlor was granted a Yellowstone Injunction, tolling the time to cure its alleged defaults.
By Scott Mollen
16 minute read
August 08, 2023 | New York Law Journal
Failure to Surrender Premises; Overcharge Claims: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "Adler Holdings II LLC v. Jill Stuart Intl. LLC," where both the tenant and guarantor were held liable for rent, and the tenant failed to leave the premises "broom clean," and "Wise v. 1614 Madison Partners," dealing with an overcharge claim in a building which received 421-a tax benefits.
By Scott Mollen
16 minute read
August 01, 2023 | New York Law Journal
FOIL Request for Penn Station's Mixed-Use Development Plan: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses the land use case 'Weinstock v. NYS Urban Dev. Corp.," dealing with a FOIL request. He writes: "This case is of interest because many opponents of large projects file FOIL requests in an effort to uncover evidence which may derail such projects. This decision found that some of the government agency's objections were over broad and inconsistent with the language and intent of the FOIL statute."
By Scott Mollen
14 minute read
July 25, 2023 | New York Law Journal
Fraudulent Conveyance; Mixed Use Building: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "Rosner v. Caputo," and "CAC Atl. LLC v. Harmon Stores."
By Scott Mollen
18 minute read
July 18, 2023 | New York Law Journal
Scope of Guarantor Protections; Lack of Standing To Foreclose: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "Mansion Realty LLC v. 656 7th Ave. Gym LLC," and "Bank of NY Mellon Trust Co. NA v. Hendrickson."
By Scott Mollen
17 minute read
July 11, 2023 | New York Law Journal
Wrongful Foreclosure Claim: This Week In Scott Mollen's Realty Law DigestScott Mollen discusses "Clark Tower LLC v. Wells Fargo Bank NA," where a wrongful foreclosure claim was dismissed where the plaintiff/borrower could not prove a conspiracy to "steal the building."
By Scott Mollen
19 minute read
July 03, 2023 | New York Law Journal
Business Judgment Rule; Access to Neighboring Property: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "1710 Owners Corp. v. Sussman," and Matter of 875 E. 35th St. Mgt. LLC v. Cole."
By Scott Mollen
17 minute read
June 27, 2023 | New York Law Journal
Request for Rescission; Summary Eviction Proceedings: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "Trump Vil. Section 4 Inc. v. Vilensky, and "ZB Prospect Realty v. Olenick."
By Scott Mollen
12 minute read
June 20, 2023 | New York Law Journal
No Mutual Assent to Real Estate Contract: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "590 Myrtle LLC v. Silverman-Shaw Inc." a case which illustrates the significance of contract language which provides that a contract will not become binding until and unless it has been signed and delivered by the respective parties.
By Scott Mollen
12 minute read
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