Scott Mollen

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

August 29, 2023 | New York Law Journal

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

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

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

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

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