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Scott Mollen

Scott Mollen

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

June 20, 2023 | New York Law Journal

No Mutual Assent to Real Estate Contract: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "590 Myrtle LLC v. Silverman-Shaw Inc." a case which illustrates the significance of contract language which provides that a contract will not become binding until and unless it has been signed and delivered by the respective parties.

By Scott Mollen

12 minute read

June 13, 2023 | New York Law Journal

Abuse of Court Process: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Fuks v. Rakia Assoc." where the court held the plaintiff engaged in active misconduct and confirmed an award for breach of fiduciary duties. The court opined that the case "rivals the long running dispute in Charles Dickens' novel, Bleak House, and will end no better."

By Scott Mollen

15 minute read

June 06, 2023 | New York Law Journal

Condo Board Member Liability; DeFacto Co-Ops: This Week in Scott Mollen's Realty Law Digest

This week, Scott Mollen discusses 'Kazoku LLC v. Bd. Of Mgrs. of the Museum Bldg." where the court held that board members who did not act in bad faith cannot be subject to personal liability, and the Landlord-Tenant case "Baldwin v. McCarry," where it was found that the landlord failed to prove that the use of the cooperative form of ownership did not in reality constitute a "de facto for-profit rental building."

By Scott Mollen

17 minute read

May 30, 2023 | New York Law Journal

Condo Bylaws and Takings Claims: This Week In Scott Mollen's Realty Law Digest

Scott Mollen discusses "Eshaghpour v. Promenade Condo." and "Morris Motel, LLC v. Dechance."

By Scott Mollen

15 minute read

May 23, 2023 | New York Law Journal

Environmental Review; 'Essential Services': This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Mutual Redevelopment Houses Inc. v. Metro. Transp. Auth," where an MTA's subway project was found to be exempt from environmental review and "Chai Found. Inc. v. NYS Div. of Hous. & Cmty. Renewal," where a DHCR rent reduction based on reductions in 'essential services' was upheld.

By Scott Mollen

15 minute read