July 25, 2023 | New York Law Journal
Fraudulent Conveyance; Mixed Use Building: This Week in Scott Mollen's Realty Law DigestScott 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 DigestScott 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 DigestScott 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 DigestScott 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 DigestScott 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 DigestScott 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 DigestScott 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 DigestThis 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 DigestScott 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 DigestScott 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
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