By Adam Leitman Bailey and John M. Desiderio | December 12, 2023
In cases where building management and the unit owner disagree on who bears responsibility for making the repairs and/or who bears the repair costs, the attorney's role, whether in representing the cooperative or condominium board on the one side or the opposing apartment shareholder or condominium residential or commercial unit owner on the other, is to focus on the several important tasks, discussed here.
By Scott Mollen | December 5, 2023
Scott Mollen discusses "Bank of N.Y. Mellon v. DeMatteis," where the court held that the bankruptcy stay pursuant to Section 362(a)(1) (§362) "tolls the [statute of limitations] for commencing a mortgage foreclosure action against the defendant debtor, regardless of whether that defendant owns the property at the time of the bankruptcy filing," and "Knowles v. 21st Mtge. Corp.," a landlord-tenant case where the court held that the tenant's failure to pay bills did not constitute abandonment of property.
By Gary M. Rosenberg, Cori A. Rosen and Ethan R. Cohen | December 5, 2023
Regardless of intent, residential real estate professionals, owners, and landlords in New York could be violating New York's complex human rights law. Here, attorney, Cori Rosen, the expert human rights attorney at Rosenberg & Estis, along R&E members Gary Rosenberg and Ethan Cohen, explore the obligations of real estate professionals, and the best ways to mitigate exposure to opportunistic litigation.
By Patricia Kane | November 28, 2023
Scott Mollen discusses "Oneway Boutique v. 681 Bay," "36 W. 35th Apt. Corp. v. Oliveira," and "2108 Amsterdam LLC v. Rodriguez."
By Patricia Kane | November 21, 2023
Scott Mollen discusses "Renaissance Equity Holding LLC v. Ford," "Fowley v. Letitia James, as Attorney General of the State of New York," and "Hamilton v. Financial Freedom Acquisition."
New York Law Journal | Analysis
By Michael B. Gerrard and Edward McTiernan | November 8, 2023
In the wake of several incidents of unprecedented rainfall and disastrous flooding, both New York and New Jersey have adopted laws requiring the sellers of residential properties to tell buyers, and landlords to tell tenants, about known flood risks.
By Patricia Kane | November 7, 2023
Scott Mollen discusses "U.S. Bank Trust NA v. Miele," involving the the constitutionality of a retroactive application of the Foreclosure Abuse Prevention Act and "Forty Seventh Fifth Co. v. Abraham," dealing with guarantor liability for a tenant's rent.
By Scott Mollen | October 31, 2023
In his Realty Law Digest, Scott Mollen discusses 'Aras v. B-U Realty Corp,' dealing with rent overcharges. He writes: "Given the extensive analysis and arguments as to the statutory law, administrative regulations and judicial precedent involving rent overcharge claims, lawyers who address overcharge issues would benefit from reading this opinion."
By Scott Mollen | October 24, 2023
Scott Mollen discusses "128 Second Realty LLC v. Toscana Pizza Inc.," where the court ruled that voluntary abandonment of premises defeated the defendant's counterclaims, and Manhattan Chrystie Street Development Fund, LLC v. The Witkoff Group" dealing with the concept of "willful misconduct" where the court held that in this case, "willful misconduct" constituted an action that was "voluntary and intentional, but not necessarily malicious."
New York Law Journal | Expert Opinion
By Scott Mollen | October 17, 2023
Scott Mollen discusses "Town of Orangetown, NY v. Armoni Inn & Suites," and "Gentles v. Day."
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