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
January 31, 2023 | New York Law Journal
Piercing a Tenant's Corporate Veil; Appointment of a Receiver: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "260-261 Madison Ave. LLC v. WeWork 261 Madison LLC," and NRP Mortgage Trust I v. 701 Elton Ave."
By Scott Mollen
15 minute read
January 24, 2023 | New York Law Journal
Stipulation Vacated; Action to Quiet Title: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "Palacio v. Moursy," where the court vacated the tenant's stipulation to vacate; and "Article 13 LLC v. Ponce de Leon Federal Bank" where denials of summary judgment in an action to Quiet Title to a Brooklyn property was explained.
By Scott Mollen
15 minute read
January 17, 2023 | New York Law Journal
A Blank Commencement Date; J-51 Program: This Week in Scott Mollen's Realty Law DigestIn this edition of his Realty Law Digest, Scott Mollen discusses "17 Lexington Ave. LLC v. Alison Six Star," where a blank commencement date did not render the subject lease agreement unenforceable, and "Spiegel v. 85th Estates Co.," where the court certified a class action in a tenants' suit against the landlord.
By Scott Mollen
15 minute read
January 14, 2023 | New York Law Journal
The Chief Judge DiscourseHaving a well-qualified candidate, selected by the governor, attacked for essentially being a "moderate," sends a terrible message to the public and diminishes respect for New York State and the New York court system in particular.
By Scott Mollen
5 minute read
January 10, 2023 | New York Law Journal
Regulatory Takings and 'U&O' Requests: This Week In Scott Mollen's Realty Law DigestScott Mollen discusses two commercial landlord-tenant cases: "195 B Owner LLC v. Anthropologie," where it was held that pandemic executive orders excused the tenant's rent obligation under its lease provision, and "558 Seventh Ave. Corp. v. PKNY IV," where the court held that an invalidate certificate of occupancy does not bar a request for use and occupancy.
By Scott Mollen
12 minute read
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