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Scott Mollen

Scott Mollen

April 11, 2023 | New York Law Journal

Business Interruption Insurance Claim; Breach of Contract: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses 'Borah, Goldstein, Altschuler, Nahins & Goidel v. Cont'l Cas. Co., where the court dismissed an insurance claim brought by the law firm which closed during the COVID-19 pandemic, and "Chazak Equities LLC v. Hamilton, where defendants had a contractual right to terminate the contract and return deposit to plaintiff.

By Scott Mollen

16 minute read

April 04, 2023 | New York Law Journal

Legal Ownership Not a Bar to Adverse Possession Claim: This Week In Scott Mollen's Realty Law Digest

Scott Mollen discusses "Gelles v. Sauvage."

By Scott Mollen

18 minute read

March 28, 2023 | New York Law Journal

Mutual Mistake; Default Formula To Calculate Base Rate: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Ralph Lauren Retail v. 888 Madison," and "Fabo v. Kushner Cos."

By Scott Mollen

18 minute read

March 21, 2023 | New York Law Journal

Alteration Agreements and Fiduciary Duty Under MDL §78: This Week In Scott Mollen's Realty Law Digest.

Scott Mollen discusses "Mandracchia v. Renovate-Create Sourcing & Procurement Corp." where, in signing a lease and alteration agreement, the plaintiff waived the co-op's statutory duty.

By Scott Mollen

15 minute read

March 14, 2023 | New York Law Journal

'Yellowstone' Injunction Granted; Unlawful Eviction: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Elite Wine & Spirit LLC v. Michelangelo Preserv. LLC, where a 'Yellowstone injunction was granted where the court found good faith effort to cure, and "Bullen v. Palma," where a landlord was ordered to restore the tenant to possession of premises following an unlawful eviction.

By Scott Mollen

16 minute read

March 07, 2023 | New York Law Journal

ERAP Stay and Property Values: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Horizon Realty of Mt. Vernon LLC v. Dabbs," where an ERAP stay was lifted as being inequitable to the landlord who had already suffered in the lengthy process, and "McWhinney v. Rockland Cider Works," where defendants were preliminarily enjoined from operating a cidery that would hurt surrounding property values.

By Scott Mollen

18 minute read

February 28, 2023 | New York Law Journal

Second Circuit Affirms Constitutionality of NY's Rent Stabilization Law and Housing Stability and Tenant Protection Act: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Community Housing Improvement Program, et al. v. New York Tenants & Neighbors" where the Second Circuit affirmed the constitutionality of New York's Rent Stabilization Law and Housing Stability and Tenant Protection Act.

By Scott Mollen

16 minute read

February 21, 2023 | New York Law Journal

'Impermissible Quid Pro Quo,' and Determining Arbitrability: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "South St. Seaport Coalition Inc. v. Landmarks Pres. Commn. of NYC," where the court vacated a certificate allowing a high-rise building at South Street Seaport, and "300 W 110th 19B LLC v. Argo Real Estate LLC," where the court granted a motion to compel arbitration, citing the condo bylaws' arbitration provision.

By Scott Mollen

13 minute read

February 14, 2023 | New York Law Journal

Alleged Condo Construction Defects: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Bd. of Mgrs. of 325 Fifth Ave. Condo v. Cont'l Residential Holdings LLC," where a condominium board's lawsuit against the management company based on alleged construction defects was dismissed.

By Scott Mollen

17 minute read

February 07, 2023 | New York Law Journal

Reformation; First Amendment Rights: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "SEZ Foster LLC v. City of New York," where the court held that City of New York is not precluded from arbitrating land's fair market value, and "Potanovic v. Town of Stony Point," where the court dismissed a Section 1983 action alleging that the town violated First Amendment free speech rights, by omitting the public input part of town board meetings from Facebook live.

By Scott Mollen

16 minute read