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Scott Mollen

Scott Mollen

February 13, 2024 | New York Law Journal

Violation of Cannabis Law; Succession Rights of Non-Traditional Family Members: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "The City of New York v. The Land and Building Known as 634 Nostrand Avenue a/k/a 1192 Dean Street," and "Stuyvesant Owners Inc. v. Frantino."

By Scott Mollen

11 minute read

February 06, 2024 | New York Law Journal

Disability Discrimination; Mismanagement Action: This Week in Scott Mollen's Realty Law Digest

Scott 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 Digest

Scott 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 Digest

Scott 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 Digest

Scott 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 Digest

Scott 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 Digest

Scott 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 Digest

Scott 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 Digest

Scott 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 Digest

Scott 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