By ALM Staff | July 22, 2021
This suit was surfaced by Law.com Radar. Read the complaint here.
By Suzette Parmley | July 22, 2021
"Appellants argue that EO 128 fails both prongs in that it is neither rationally related to protecting the public from damage related to COVID-19, nor is it closely tailored to the magnitude of the emergency," the appellate panel said. "We disagree, finding both prongs satisfied."
By Stewart E. Sterk | July 22, 2021
In Francis v. Kings Park Manor, Inc., the Second Circuit upheld dismissal of tenant's claims against a landlord who failed to take action against a harassing tenant. The court's holding did not give landlords a free pass, but it did establish that to survive dismissal, a harassed tenant's complaint will have to include more than bare-bones allegations of intentional discrimination.
By Suzette Parmley | July 20, 2021
In "H.C. Equities v. County of Union," the New Jersey Supreme Court ruled that H.C. Equities failed to file a timely Tort Claims Act notice against its commercial tenant and that a finding of substantial compliance cannot be premised on comments by plaintiff's counsel in three different letters with three different dates sent to the defendant's lawyers.
New York Law Journal | Expert Opinion
By Scott Mollen | July 20, 2021
In this edition of his Realty Law Digest column, Scott Mollen discusses a contracts case, "110 East 138 Realty v. Rydan Realty', where the court held that a real estate purchaser who defaults on his contract is not entitled to the down payment, and a landlord-tenant case, "Hibbert v. Powell," where the court awarded the tenant punitive damages after the owner shut off the water supply during the pandemic.
By Cedra Mayfield | July 14, 2021
"The court's decision sets a dangerous precedent about what an administrative agency can get away with when it utters the word 'emergency,'" said Caleb Kruckenberg, New Civil Liberties Alliance litigation counsel.
By Gordon F. Peery | July 8, 2021
A second wave of national security concerns hit real estate markets in the United States — the publication of rules focusing on real estate by the U.S. Department of the Treasury is the catalyst of national security reviews of certain leases, purchases, sales, joint ventures and other investments with non-U.S. parties.
By Scott E. Mollen | July 6, 2021
Scott Mollen, a partner at Herrick, Feinstein, discusses 'Rush Props. v. Riveros', 'Food First HDFC v. Turner' and 'Mayfair Resort Homeowners Ass'n v. LG Lakeside Living'.
New York Law Journal | Analysis
By Warren A. Estis and Jeffrey Turkel | July 6, 2021
RSL §26-517(e) states that the "failure to file a proper and timely initial or annual registration statement shall, until such time as a proper registrations filed," freeze the stabilized rent. The courts have established a general rule as to when a registration is deemed proper, and have also established an exception to that rule. In their Rent Stabilization column, Warren Estis and Jeff Turkel examine the rule and its exception.
By Suzette Parmley | July 2, 2021
To help avert an avalanche of landlord-tenant cases that could overwhelm the state's court system, an order from the New Jersey Supreme Court mandates statewide settlement conferences in such cases—which since last summer have been on a strictly voluntary basis.
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