New York Law Journal | Expert Opinion
By Scott E. Mollen | January 7, 2020
In his Realty Law Digest, Scott E. Mollen discusses the recent landlord-tenant cases "Maddicks v. Big City Properties," and "Varley v. Elk."
Daily Report Online | Commentary
By Darcy McLean Meals | December 31, 2019
Sharing simple information about the law and the eviction process can help tenants buy time to relocate or to negotiate a different outcome with their landlords.
New York Law Journal | Analysis
By Joshua Kopelowitz and Anthony J. Virga | December 26, 2019
There is an open question as to whether a guarantor's promise to perform obligations other than the payment of the principal's debts disqualifies the guaranty from the purview of CPLR 3213. This article explores how that question is answered in the Second and First Departments.
New York Law Journal | Analysis
By Francis J. Lane | December 24, 2019
The New York state legislature enacted the Housing Stability and Tenant Protection Act of 2019 this past June. The amendments that it made to the Rent Stabilization Law now require an attorney faced with a rent overcharge claim to solve at least two sets of mathematical word problems when evaluating the claim. This article is one dread-stricken lawyer's search for a step-by-step approach to dealing with those rent overcharge math problems.
New York Law Journal | Expert Opinion
By Scott E. Mollen | December 17, 2019
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "U.S. v. Lax," where the court found the decedent's wife benefitted directly from a sham transactions to shield assets from the IRS. Also discussed is "N.Y.C. Hous. Auth. v. Various Tenants, Number II," and "Zagorski v. Makarewicz."
New York Law Journal | Analysis
By Massimo F. D'Angelo | December 13, 2019
The HSTPA's radical rental overcharge reforms have fundamentally altered not only the practice of real estate law going forward, but the real estate market, as well.
New York Law Journal | Expert Opinion
By Scott E. Mollen | December 10, 2019
In his Realty Law Digest, Scott E. Mollen discusses two commercial landlord-tenant cases: "151 Realty LLC v. Alava," and "Milltex Distrib. LLC v. Cameron Stewart Inc," and a foreclosure case: "NYCTL 1998-2 Trust v. Alanis Realty LLC."
New York Law Journal | Expert Opinion
By David Hershey-Webb | December 10, 2019
In his Housing Law column, David Hershey-Webb discusses the benefits for tenants of the new Housing Stability and Protection Act, which he describes as "the strongest rent regulations in decades and a first step in bringing balance back to the rental real estate market." He recognizes, however, that all new laws have "unintended effects" and revisions may have to be made If any of these unintended effects undermine the beneficial intended effects of the new law.
New York Law Journal | Expert Opinion
By Warren A. Estis and Michael E. Feinstein | December 3, 2019
In their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss 'Zagorski v. Makarewicz,' where the court was faced with a question relating to the HSTPA's impact on owners' use proceedings; namely, where the owner served the notice of nonrenewal on the tenant before the effective date of the HSTPA, are the requirements of the HSTPA applicable to such a notice?
New York Law Journal | Expert Opinion
By Scott E. Mollen is a partner at Herrick, Feinstein. | November 26, 2019
In his Realty Law Digest, Scott E. Mollen discusses two commercial landlord-tenant decisions: "Aerotek, Inc., Teksystems, Inc. v. MEPT 757 Third Avenue," and "St. Luke's-Roosevelt Hosp. v. Westside Radiology Assocs.," and a residential landlord-tenant decision "People's Home Improvement v. Kindig."
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