By Jonathan Robbin | March 7, 2022
Maddox v. Bank of N.Y. Mellon Trust does not preclude a borrower from seeking redress in state court for violation of statute and pursuing statutory damages on an individual basis, but the decision narrows a borrower's ability to pursue class damages in federal court for failure to timely record mortgage satisfactions.
New York Law Journal | Expert Opinion
By Scott Mollen | March 1, 2022
Scott Mollen discusses "A.T.J. Elec. Co. Inc. v. Hill," and "326 Starr LLC v. Martinez."
New York Law Journal | Expert Opinion
By Warren A. Estis and Jeffrey Turkel | March 1, 2022
On Feb. 24 of this year, the First Department, in '160 E. 84th St. Assoc. v. New York State Div. of Hous. & Community Renewal,' answered the question of whether an apartment is deemed "lawfully deregulated" on the date of the deregulation order, or on the later expiration date of the lease in effect. In their Rent Regulation column, Warren Estis and Jeffrey Turkel discuss the issue.
By Jason Grant | February 25, 2022
Back in October 2020, when Schulte filed its rent-abatement suit, the complaint asked for at least $10 million in damages. But the complaint also made clear in its breach-of-contract cause of action that its rent-focused damages were "continuing." It now appears mounting damages being claimed could top $20 million.
New York Law Journal | Expert Opinion
By Scott Mollen | February 22, 2022
Scott Mollen "D'Acunto v. Fabiano," involving a constructive trust, and two landlord-tenant cases "Anello v. Fiedler," and "McMahon v. Shalvey."
By ALM Staff | February 17, 2022
In an action for breach of a non-delegable duty, defendants sought dismissal of the complaint, alleging the lease between the parties, which governs…
By Dan Roe | February 10, 2022
David Hawthorne ditched Big Law to join the nine-lawyer Pathman Lewis, citing the boutique's 'excellent reputation' in Miami real estate development, land use and zoning matters.
By David L. Berkey | February 10, 2022
When a board acts contrary to restraints set forth in the cooperative's proprietary lease, it risks suit by the aggrieved seller to force the board to approve the sale to the proposed purchaser and, in addition, to recover the seller's attorney fees and damages for the seller's costs incurred to carry the apartment until the court-ordered transfer occurs. This is what happened in 'Kotler v. 979 Corp.'
New Jersey Law Journal | Analysis
By Robert K. Scheinbaum and Philip W. Allogramento III | February 9, 2022
When a commercial tenant or their landlord files for bankruptcy protection, questions quickly arise, such as if and how a landlord may evict the tenant, and how to measure damages. The Bankruptcy Code and related case law address these points.
New York Law Journal | Expert Opinion
By Scott Mollen | February 8, 2022
Scott Mollen discusses "Wells Fargo Bank, Nat'l Assoc. v. Joseph E. Marx Co.," and "Davis v. Graham Court Owners Corp."
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