New York Law Journal | Expert Opinion
By Scott E. Mollen | June 29, 2021
Scott E. Mollen, a partner at Herrick, Feinstein, discusses two landlord-tenant cases: "Mall 1-Bay Plaza v. Bronx Vistasite Eyecare," where temporary closures under executive orders did not constitute a taking of tenant's business, and "Bronx Park Phase II Preserv v. V.C." where the court granted tenant's motion to hold a holdover eviction proceeding via virtual trial.
New York Law Journal | Analysis
By David J. Oberly | June 25, 2021
The TDPA is the latest in a string of new laws specifically targeting the collection and use of biometrics, but is the first of its kind to provide targeted requirements and limitations focused on residential "smart access" technology.
New York Law Journal | Expert Opinion
By Scott E. Mollen | June 22, 2021
Scott E. Mollen, a partner at Herrick, Feinstein, discusses the contracts case "E. Upreal LLC v. Rogers Equities LLC," where discovery was needed to resolve issues, and "GSKP LLC v. Lee" where the landlord failed to show that the tenant's bird feeding constituted a nuisance.
By Joshua Wurtzel | June 18, 2021
Recent decisions and the use of the frustration-of-purpose doctrine to absolve commercial tenants of their obligation to pay rent could signal headwinds for the New York commercial real-estate market—and the economy more generally
By Cedra Mayfield | June 18, 2021
The appellate decision reversed a trial court ruling that denied the landlord's attempt to have the court throw out the case against him.
By Muhammad U. Faridi, Jacqueline L. Bonneau, Wolete Moko and Nadav D. Ben-Zur | June 18, 2021
The 'Yellowstone' injunction tolls a tenant's time to cure an alleged default while the tenant pursues a legal determination as to whether cure is in fact required under the terms of the lease. This article provides an overview of the key legal considerations in obtaining or defending against a 'Yellowstone' injunction.
By Michelle P. Quinn | June 18, 2021
While tenants' struggles during the pandemic should not be minimized or disregarded, New York City landlords, especially small ones, are feeling the financial pressure too.
New York Law Journal | Expert Opinion
By Scott E. Mollen | June 15, 2021
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "1877 Webster Ave. Inc. v. Tremont Center," where the lack of a force majeure provision did not bar impossibility and frustration of purpose claims, and "Matter of Academy Sq. Apts. Hous. Dev. Fund Co. v. Assessor, City of Utica," where a panel affirmed an order granting the owner tax exempt status on parcels under RPTL §420-a.
By New Jersey State Bar Association | June 14, 2021
NJSBA weighs in on Judiciary landlord-tenant report
New York Law Journal | Analysis
By Andrew Freedland and Deborah Koplovitz | June 11, 2021
In their Cooperatives and Condominiums column, Andrew Freedland and Deborah Koplovitz discuss the recent Second Circuit decision 'Francis v. Kings Park Manor', which addressed the question of whether a New York landlord that does not curtail "tenant-on-tenant" harassment could be subject to a claim for housing discrimination under the Federal Fair Housing Act and the New York State Executive Law pursuant to a "deliberate indifference" theory.
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