Scott Mollen

November 14, 2023 | New York Law Journal

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

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

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

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

By Scott Mollen

15 minute read

October 10, 2023 | New York Law Journal

Scott Mollen discusses "Hansen Family Invs., LLC v. Rabadi," involving a dispute arising from a failed sale of a condominium apartment, and "COD LLC v. Ljuljdjuraj," where the court held that a fired building superintendent had tenancy rights under his lease.

By Scott Mollen

15 minute read

October 03, 2023 | New York Law Journal

Scott Mollen discusses "Mrishaj v. Moore," which held that RPAPL §853 does not protect shareholders against misconduct by neighboring shareholders, and "Kennedy Plaza Tower v. Leffler" where the court held that an ERAP application cannot be used to delay eviction.

By Scott Mollen

15 minute read

September 26, 2023 | New York Law Journal

Scott Mollen discusses "169-175 Operating LLC v. The Estate of German Marrero," dealing with the succession fights of an incarcerated individual to his deceased father's regulated apartment, and "57th & 7th Associates, L.P. v. Osborne Tenants Corp." where the court held that the landlord's acceptance of rent did not constitute a waiver of prohibition on outdoor seating.

By Scott Mollen

11 minute read

September 19, 2023 | New York Law Journal

Scott Mollen discusses 'WCB Holdings, LLC v. 421 W 14 Lessee,' 'US Bank N.A. v. Johns,' and '609 West Associates, L.P. v. Estrella.'

By Scott Mollen

13 minute read

September 12, 2023 | New York Law Journal

Scott Mollen discusses "Cucs W. 127th Street LLC v. Ebstessam Eshaq," Where an eviction proceeding on a 'hoarder' tenant was dismissed, and "River Place II, LLC v. Daniel C. Hurd," a nuisance holdover proceeding where a "no-cure" provision of a stipulation was held to be void against public policy.

By Scott Mollen

14 minute read

September 05, 2023 | New York Law Journal

Scott Mollen discusses "Hieber Astoria LLC v. Taverna where the subject complaint was held to sufficiently state a pierce the corporate veil claim," and "Matter of Samaritan-Compass VI Housing Development Fund Corporation v. 1293-95 Rodman, where the Appellate Division affirmed a trial court granting of a petitioner's motion to hold the respondent in contempt of an order granting petitioner access to the respondent's property.

By Scott Mollen

10 minute read