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Scott Mollen

Scott Mollen

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

November 14, 2023 | New York Law Journal

Private Nuisance and 'Extremely Contentious Disputes': This Week in Scott Mollen's Realty Law Digest

In 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

October 31, 2023 | New York Law Journal

Landlord-Tenant Rent Overcharges: This Week in Scott Mollen's Realty Law Digest

In his Realty Law Digest, Scott Mollen discusses 'Aras v. B-U Realty Corp,' dealing with rent overcharges. He writes: "Given the extensive analysis and arguments as to the statutory law, administrative regulations and judicial precedent involving rent overcharge claims, lawyers who address overcharge issues would benefit from reading this opinion."

By Scott Mollen

15 minute read

October 24, 2023 | New York Law Journal

'Peacable' Self-Help and 'Willful Misconduct': This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "128 Second Realty LLC v. Toscana Pizza Inc.," where the court ruled that voluntary abandonment of premises defeated the defendant's counterclaims, and Manhattan Chrystie Street Development Fund, LLC v. The Witkoff Group" dealing with the concept of "willful misconduct" where the court held that in this case, "willful misconduct" constituted an action that was "voluntary and intentional, but not necessarily malicious."

By Scott Mollen

18 minute read

October 17, 2023 | New York Law Journal

Local Zoning Laws; ERAP: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Town of Orangetown, NY v. Armoni Inn & Suites," and "Gentles v. Day."

By Scott Mollen

15 minute read