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Scott Mollen

Scott Mollen

August 29, 2023 | New York Law Journal

Delay Damages Denied; Zoning Board's Failure To Consider All Evidence: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "WDF Inc. v. Dormitory Auth. of NYS," and "Cuffaro v. Zoning Bd. of Appeals of the Village of Bellport.

By Scott Mollen

19 minute read

August 22, 2023 | New York Law Journal

Sale of Air Rights; Use and Occupancy: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "301 E. 60th St. LLC v. Competitive Solutions LLC," where the issue was whether a contract pertaining to the sale of inclusionary air rights can be subject to specific performance, and "Dahl v. Prince Holdings 2012 LLC," where the landlord was granted use and occupancy.

By Scott Mollen

17 minute read

August 15, 2023 | New York Law Journal

Ice Cream Parlor Granted Yellowstone Injunction: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Egger's Original Ice Cream Inc. v. Staten Island Historical Soc'y Inc." where a tenant ice cream parlor was granted a Yellowstone Injunction, tolling the time to cure its alleged defaults.

By Scott Mollen

16 minute read

August 08, 2023 | New York Law Journal

Failure to Surrender Premises; Overcharge Claims: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Adler Holdings II LLC v. Jill Stuart Intl. LLC," where both the tenant and guarantor were held liable for rent, and the tenant failed to leave the premises "broom clean," and "Wise v. 1614 Madison Partners," dealing with an overcharge claim in a building which received 421-a tax benefits.

By Scott Mollen

16 minute read

August 01, 2023 | New York Law Journal

FOIL Request for Penn Station's Mixed-Use Development Plan: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses the land use case 'Weinstock v. NYS Urban Dev. Corp.," dealing with a FOIL request. He writes: "This case is of interest because many opponents of large projects file FOIL requests in an effort to uncover evidence which may derail such projects. This decision found that some of the government agency's objections were over broad and inconsistent with the language and intent of the FOIL statute."

By Scott Mollen

14 minute read

July 25, 2023 | New York Law Journal

Fraudulent Conveyance; Mixed Use Building: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Rosner v. Caputo," and "CAC Atl. LLC v. Harmon Stores."

By Scott Mollen

18 minute read

July 18, 2023 | New York Law Journal

Scope of Guarantor Protections; Lack of Standing To Foreclose: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Mansion Realty LLC v. 656 7th Ave. Gym LLC," and "Bank of NY Mellon Trust Co. NA v. Hendrickson."

By Scott Mollen

17 minute read

July 11, 2023 | New York Law Journal

Wrongful Foreclosure Claim: This Week In Scott Mollen's Realty Law Digest

Scott Mollen discusses "Clark Tower LLC v. Wells Fargo Bank NA," where a wrongful foreclosure claim was dismissed where the plaintiff/borrower could not prove a conspiracy to "steal the building."

By Scott Mollen

19 minute read

July 03, 2023 | New York Law Journal

Business Judgment Rule; Access to Neighboring Property: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "1710 Owners Corp. v. Sussman," and Matter of 875 E. 35th St. Mgt. LLC v. Cole."

By Scott Mollen

17 minute read

June 27, 2023 | New York Law Journal

Request for Rescission; Summary Eviction Proceedings: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Trump Vil. Section 4 Inc. v. Vilensky, and "ZB Prospect Realty v. Olenick."

By Scott Mollen

12 minute read