April 11, 2023 | New York Law Journal
Business Interruption Insurance Claim; Breach of Contract: This Week in Scott Mollen's Realty Law DigestScott 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 DigestScott 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 DigestScott 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 DigestScott 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 DigestScott 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 DigestScott 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 DigestScott 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 DigestScott 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 DigestScott 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
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