Y David Scharf

Y David Scharf

June 10, 2024 | New York Law Journal

Cameras in New York State Courtrooms: A Short Update

On balance, we believe that New York should join the majority of jurisdictions that permit cameras in the courtroom. In our opinion, the factors favoring legislative change are overwhelming.

By Y. David Scharf, David B. Saxe and Joseph J. Kamelhar

7 minute read

July 24, 2023 | New York Law Journal

Recent Attacks on Judicial Independence Impair the Proper Functioning of the Judiciary in New York

The current legislative approaches discussed in this article serve to disrupt the long-standing and efficient separation of powers that has existed between the legislative branch and the judiciary.

By Y. David Scharf and David B. Saxe

11 minute read

March 19, 2021 | New York Law Journal

Re-energizing an Injunctive Remedy To Stop UCC Foreclosures

The COVID-19 pandemic has badly shaken the commercial real estate market. A recent First Department decision has thrown an unfortunate barrier up against the hope for a turnaround.

By Y. David Scharf, David B. Saxe and Aaron B. Lauchheimer

7 minute read

July 27, 2018 | New York Law Journal

The Appellant's End Game: Some Thoughts on the Reply Brief and the Rebuttal Argument

We go as far as saying that in all but the most unusual situations, the failure to file a reply brief would constitute attorney dereliction.

By David B. Saxe and Y. David Scharf

4 minute read

September 18, 2013 | Commercial Litigation Insider

A Commercial Litigator's Guide to the Tort of Malicious Prosecution

In their inaugural column for Commercial Litigation Insider, Y. David Scharf, Danielle C. Lesser and David C. Pollack of Morrison Cohen discuss the issues raised by malicious prosecution in the business litigation context, with a particular emphasis on New York law.

By Y. David Scharf, Danielle C. Lesser and David C. Pollack

10 minute read

March 20, 2002 | New York Law Journal

FOR MARCH 25: `Pre-Agreement` Letter of Intent? Beware, It May Be Enforceable!

THIS ARTICLE explores the legal and practical implications for in-house counsel and attorneys representing parties that have executed a letter of intent containing material business terms of a proposed transaction. The ramifications of unintentionally entering into a binding contract are often dire, particularly in the real estate context where an action for specific performance with a lis pendens resulting can tie up a property for years.

By Y. David Scharf

10 minute read

November 24, 2008 | New York Law Journal

Adverse Possession Of Airspace

Y. David Scharf and Kristin T. Roy, partners at Morrison Cohen, write that in the City of New York, where real property development has always been, still is, and will continue to focus on upward as opposed to outward development, the protection and ownership of air rights are essential for owners and developers of real property. As such, they say, significant value is often placed on such air rights and the protection thereof.

By Y. David Scharf and Kristin T. Roy

11 minute read