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Scott Mollen

Scott Mollen

January 03, 2023 | New York Law Journal

Misrepresentation, Harassment and Fraudulent Inducement: This Week in Scott Mollen's Realty Law Digest

Scott 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 Digest

In 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 Digest

This 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 Digest

Scott 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 Digest

Scott 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

November 29, 2022 | New York Law Journal

Realty Law Digest

Scott Mollen discusses "Zelik v. Rubashkin," where it was held that summary judgment is denied when contradictory claims require a trial for resolution, and "Brinkmann v. Town of Southold" where a takings clause claim was held not stated – the land at issue taken for a park did not bestow a private benefit.

By Scott Mollen

12 minute read

November 22, 2022 | New York Law Journal

Realty Law Digest

Scott Mollen discusses two landlord-tenant cases: "West 49th St., LLC v. O'Neill," and "Apartment Owners Advisory Council v. Marks."

By Scott Mollen

19 minute read

November 15, 2022 | New York Law Journal

Realty Law Digest

Scott Mollen discusses 'Lee v. Hootnick,' and '1995 CAM LLC v. West Side Advisors, LLC.'

By Scott Mollen

12 minute read

November 08, 2022 | New York Law Journal

Realty Law Digest

In this week's Realty Law Digest, Scott Mollen discusses two landlord-tenant cases, "River Park Residences v. Williams," and "Kelly v. Williams."

By Scott Mollen

14 minute read

November 01, 2022 | New York Law Journal

Realty Law Digest

In this week's Realty Law Digest column, Scott Mollen discusses "Matter of Barnes Rd. Area Neighborhood Assn. v. Planning Bd. of the Town of Sand Lake," where it was held that the court could not use its own judgment to overrule the determination by the town's planning board, and "Gunsalus v. County Of Ontario," where a home's sale at foreclosure was set aside because it was determined to be not a transfer for a reasonably equivalent value.

By Scott Mollen

16 minute read