January 09, 2024 | New York Law Journal
Actual Authority in Agency Law; Equitable Rights of Redemption: This Week in Scott Mollen's Realty Law DigestScott 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 DigestScott 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 DigestScott 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 DigestScott 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 DigestScott 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 DigestScott 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 DigestIn 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 DigestIn 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 DigestScott 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 DigestScott Mollen discusses "Town of Orangetown, NY v. Armoni Inn & Suites," and "Gentles v. Day."
By Scott Mollen
15 minute read
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