Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | December 15, 2020
In their New York Court of Appeals Roundup, Linton Mann III and William T. Russell Jr. discuss a recent decision in which the court unanimously reaffirmed the principle that "parties are free to agree to a liquidated damages clause provided that the clause is neither unconscionable nor contrary to public policy." However, the judges split 4-3 on the issue of whether the relevant damages clause in a commercial lease was unenforceable as a matter of law because it was so grossly disproportionate to the ascertainable amount due upon full performance.
New York Law Journal | Expert Opinion
By Scott E. Mollen | December 8, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses three landlord-tenant cases: "The Shack Collective Inc. v. DeKalb Market Hall," "Cook v. Fairfax Mgmt Corp.," and "631 Edgecombe, LP v. Walker."
New York Law Journal | Expert Opinion
By Warren A. Estis and Alexander Lycoyannis | December 1, 2020
As the COVID-19 pandemic and its accompanying economic fallout continue to unfold, commercial tenants have increasingly come to rely on the common law doctrines of impossibility of performance and frustration of purpose as defenses to the nonpayment of rent.
New York Law Journal | Expert Opinion
By Scott E. Mollen | November 24, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "SVC W. Babylon LLC v. 204 Great E. Neck Rd. LLC," where the defendant was granted dismissal of the plaintiff's option to renew the lease, and " Cayuga Indian Nation of New York v. Seneca County," where it was held that tribal sovereign immunity bars a county's foreclosure actions for nonpayment of taxes.
New Jersey Law Journal | Analysis
By Anthony K. Lombardo | November 18, 2020
A glimpse into one firm's successful experience invoking the 'Callen' distraint framework.
By Jane Wester | November 17, 2020
The pandemic left the house's tenants unemployed and unable to pay rent, Gaber wrote. But landlords repeatedly demanded the tenants pay the rent or move out, according to the complaint, and in July, the situation escalated.
New York Law Journal | Expert Opinion
By Scott E. Mollen | November 17, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "BKNY1 Inc. v. 132 Capulet Holdings," and "McCarthy v. County of Nassau."
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | November 12, 2020
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on three notable decisions, including an order that defendant, charged with acting as an agent of a foreign government, should be detained pending trial; a holding that participants in a particular employee benefit plan had no Article III standing to challenge the plan's management; and a decision dismissing claims challenging the 2019 amendments to New York state's rent-stabilization laws.
By Ellen Bardash | November 10, 2020
The Justice of the Peace Court's online dispute resolution system is now mandatory for all parties with landlord-tenant disputes filed since July 1 and is expected to eventually open to litigants in debt cases and later all the approximately 35,000 civil cases filed with the court each year.
New York Law Journal | Expert Opinion
By Warren A. Estis and Jeffrey Turkel | November 3, 2020
Years ago, bringing, or defending, a Fair Market Rent Appeal was a routine part of any rent regulatory practice. Because there are so few rent-controlled apartments left, FMRAs have become somewhat of a rarity.
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