June 13, 2023 | New York Law Journal
Abuse of Court Process: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "Fuks v. Rakia Assoc." where the court held the plaintiff engaged in active misconduct and confirmed an award for breach of fiduciary duties. The court opined that the case "rivals the long running dispute in Charles Dickens' novel, Bleak House, and will end no better."
By Scott Mollen
15 minute read
June 06, 2023 | New York Law Journal
Condo Board Member Liability; DeFacto Co-Ops: This Week in Scott Mollen's Realty Law DigestThis week, Scott Mollen discusses 'Kazoku LLC v. Bd. Of Mgrs. of the Museum Bldg." where the court held that board members who did not act in bad faith cannot be subject to personal liability, and the Landlord-Tenant case "Baldwin v. McCarry," where it was found that the landlord failed to prove that the use of the cooperative form of ownership did not in reality constitute a "de facto for-profit rental building."
By Scott Mollen
17 minute read
May 30, 2023 | New York Law Journal
Condo Bylaws and Takings Claims: This Week In Scott Mollen's Realty Law DigestScott Mollen discusses "Eshaghpour v. Promenade Condo." and "Morris Motel, LLC v. Dechance."
By Scott Mollen
15 minute read
May 23, 2023 | New York Law Journal
Environmental Review; 'Essential Services': This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "Mutual Redevelopment Houses Inc. v. Metro. Transp. Auth," where an MTA's subway project was found to be exempt from environmental review and "Chai Found. Inc. v. NYS Div. of Hous. & Cmty. Renewal," where a DHCR rent reduction based on reductions in 'essential services' was upheld.
By Scott Mollen
15 minute read
May 16, 2023 | New York Law Journal
Deed Restrictions and Rent Stabilization: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "West Mtn. Assets LLC v. Dobkowski," where parcel owners established exclusive possession, not adverse possession, of a disputed area, and "Diamond Back L VL LLC v. Reynolds," where after a tenant established its building had at least six units, the court held it was subject to rent stabilization.
By Scott Mollen
16 minute read
May 09, 2023 | New York Law Journal
Willful Exaggeration of a Mechanic's Lien Held 'Improper': This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "J.T. Magen & Co. v. Nissan N. Am.," where the court found a willfully exaggerated mechanic's lien to be null and void.
By Scott Mollen
15 minute read
May 01, 2023 | New York Law Journal
'Good Cause Eviction Law' and Inverse Condemnation: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "Lakr Kaal Rock LLC v. Paul" and "Matter of Application of NYC."
By Scott Mollen
18 minute read
April 25, 2023 | New York Law Journal
Commercial Landlord-Tenant; Diplomatic Immunity Defense: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses the commercial landlord-tenant case, "101-115 W. 116th St. Corp. v. Consulate Gen. of the Republic of Senegal," of interest "because, inter alia, of the number of foreign embassies and consulates located in New York City and because of its elucidation of the law involving lawsuits against foreign governments, their related entities, liquidated damages, holdover rent, late fees and restoration costs.
By Scott Mollen
17 minute read
April 18, 2023 | New York Law Journal
Proof of Post-Demolition Plans; Mutual Inspection and NY's Guaranty Law: This Week in Scott Mollen's Realty Law DigestIn this week's Reality Law Digest, Scott Mollen discusses three landlord-tenant cases, "Matter of First NY v. New York State Div. of Housing & Community Renewal," "Solda v. KJL Ventures," and "Amcojor Realty Corp. v. Butter Mgt."
By Scott Mollen
17 minute read
April 11, 2023 | New York Law Journal
Business Interruption Insurance Claim; Breach of Contract: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses 'Borah, Goldstein, Altschuler, Nahins & Goidel v. Cont'l Cas. Co., where the court dismissed an insurance claim brought by the law firm which closed during the COVID-19 pandemic, and "Chazak Equities LLC v. Hamilton, where defendants had a contractual right to terminate the contract and return deposit to plaintiff.
By Scott Mollen
16 minute read
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