New York Law Journal | Expert Opinion
By Scott Mollen | December 14, 2021
Scott Mollen discusses "Chrysafis v. Marks," and "R.J. Rose Realty v. Beyond Costumes Inc."
New York Law Journal | Expert Opinion
By Ann E. Ryan and Adrienne B. Koch | December 14, 2021
The challenges and uncertainties faced by many commercial tenants during the COVID-19 pandemic have led parties to spend more time and attention on lease provisions relating to termination. In Part 3 of their series "Leasing After COVID," Ann Ryan and Adrienne Koch examine two types of termination provisions that have received particular attention in recent months: co-tenancy and gross sales "kick-out" provisions.
New York Law Journal | Expert Opinion
By Scott Mollen | December 7, 2021
In his latest Realty Law Digest, Scott Mollen discusses 'W. Houston Prop. v. NY Pilates NYC,' where the landlord failed to plead allegations sufficient to state a cause of action for alter ego liability, and 'Higgins v. 120 Riverside Blvd. at Trump Place Condominium,' where the plaintiff was denied relief under the FHA for failure to state a claim.
By Jane Wester | November 30, 2021
Gibson Dunn & Crutcher partner Randy Mastro, lead attorney for the plaintiffs, said they plan to appeal the ruling. The moratorium law is currently set to expire on Jan. 15.
New York Law Journal | Expert Opinion
By Scott Mollen | November 30, 2021
Scott Mollen discusses 'Wilmington Savings Fund Society v. 6 Turtle Knoll,' 'Locon Realty v. Safisas Corp.,' and 'Leya v. Kodicek.'
New York Law Journal | Expert Opinion
By Scott Mollen | November 23, 2021
Scott Mollen discusses three landlord-tenant cases: "Rochdale Vill. Inc. v. Chadwick," "901 Bklyn Realty LLC v. Manigat," and "Morrissey v. 400 W. 59th Partners."
New York Law Journal | Expert Opinion
By Peter E. Fisch and Salvatore Gogliormella | November 16, 2021
In sale-leaseback transactions involving a portfolio of properties, landlords often require that properties be grouped in master leases rather than several individual leases—despite the resulting loss of flexibility for both landlord and tenant—in order to protect against the risk that the tenant can "cherry pick" by rejecting leases for less desirable properties in a bankruptcy.
New York Law Journal | Expert Opinion
By Scott Mollen | November 16, 2021
Scott Mollen discusses 'Coldenham LLC v. Maldonado,' 'Pomona Country Club v. Escoffery,' and 'Davies v. S.A. Dunn & Co.'
New York Law Journal | Analysis
By Efrem Z. Fischer and Edward E. Klein | November 9, 2021
The COVID-19 pandemic has challenged commercial landlords to rely on various legal theories to protect their legitimate rights. This article discusses one such theory—the equitable ownership doctrine or the "alter ego" rule of liability.
By Jane Wester | November 9, 2021
The three landlords testified that they have no way of knowing their tenants' status, but near the end of the hearing, U.S. District Judge Gary Brown appeared unconvinced, saying standing claims were "shaky."
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