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 | Expert Opinion
By Adam Leitman Bailey and John Desiderio | April 7, 2020
New York common law has long shielded landlords from tort liability for intentional injury suffered by one tenant at the hands of another tenant, unless the landlord "has the authority, ability, and opportunity to control the actions of the assailant." However, this shield was recently pierced by the Second Circuit in Francis v. Kings Park Manor, discussed here by Adam Leitman Bailey and John Desiderio.
New York Law Journal | Analysis
By Jack J. Rose | April 6, 2020
All real estate is unique. Ultimately, the relationship of the tenant to the property, the neighborhood and the landlord may determine the outcome. Should you allow a tenant to reduce their footprint? Should temporary rent concessions or a renegotiation of the lease term occur? Each of these issues needs to be addressed on a case-by-case basis.
By John G. Kelly | April 2, 2020
The COVID-19 pandemic is resulting in landlords and tenants closely reviewing a clause in their lease that was long considered unimportant boilerplate. Yes, we are referring to the "force majeure" provision.
New York Law Journal | Analysis
By Massimo F. D'Angelo | April 1, 2020
Like other major disasters, the litigation that will ensue will be monumental, and the wars between tenants and landlords are already underway.
By Warren A. Estis and Michael E. Feinstein | March 31, 2020
In their Landlord Tenant column, Warren Estis and Michael Feinstein discuss the potential legal issues that will likely arise as tenants start failing to pay rent as a result of the unprecedented situation happening with the current pandemic.
New York Law Journal | Expert Opinion
By Scott E. Mollen | March 24, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Dunu v. 583 Riverside Dr.," where the court dismissed the matter, not finding that the landlord's service of rent demand to be frivolous; and "Adirondack Wild v. New York State Dept. of Envtl. Conserv.," where a rational basis existed for the DEC's decision that motorized vehicles could be used in scenic river corridors.
New York Law Journal | Expert Opinion
By Scott E. Mollen | March 17, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses the condemnation case " Ferncliff Cemetery Ass'n v. Town of Greenburgh ," and a two landlord-tenant cases "Garden City Park LLC v. Frog Hollow Props" and "Diaz v. Avalonbay Cmtys. Inc.."
By Lidia Dinkova | March 16, 2020
Potential clients are reaching out to bankruptcy attorneys to assess the need for business filings.
By Scott E. Mollen | March 10, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Francis v. Kings Park Manor Inc.," involving the issue of whether a landlord may be liable for intentionally discriminating against a tenant who complains about a racially hostile housing environment that is created by and leads to the arrest and conviction of another tenant. The author also discusses "2198 Cruger Assocs. v. Xhurreta" where a landlord failed to strictly comply with Real Property Actions and Proceedings Law requirements.
New York Law Journal | Commentary
By Andrew J. Wagner | March 10, 2020
Nonjudicial foreclosure is not the answer. It is legally untenable and could subject co-op boards who employ that method to severe legal and financial consequences.
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