By Charles Toutant | September 4, 2018
Following a four-day trial, the jury acquitted William Greda on four counts of violating the Law Against Discrimination based on his alleged refusal to rent to an applicant who was wearing a Muslim head scarf.
By Warren A. Estis and Jeffrey Turkel | September 4, 2018
Sometimes a landlord and a tenant agree that the tenant will move from one apartment in a building to another. In their Landlord-Tenant column, Warren Estis and Jeffrey Turkel examine the questions: (1) If the tenant is rent controlled, can she take that status with her, even though the new apartment cannot be rent controlled by law? And, (2) if the tenant is stabilized and moves into a deregulated unit, has he forfeited his stabilized status?
New York Law Journal | Expert Opinion
By Eva Talel | September 4, 2018
This column features an important recent decision by the Supreme Court, New York County, regarding who has the exclusive right to use a building's rooftop, and succinctly summarizing current law on when directors may be held personally liable for board actions.
By Scott E. Mollen | August 28, 2018
Scott E. Mollen, a partner at Herrick, Feinstein, discusses 'Pastreich v. Pastreich,' where the plaintiff was required to pay a “modest shortfall” in addition to substituted properties to a trust in order to regain title to a building, and 'Rosen Associates v. Suburban Props.' where the court held that a real estate broker was not entitled to commission on a lease with which it was not involved.
New York Law Journal | Analysis
By Scott E. Mollen | August 21, 2018
Scott E. Mollen, a partner at Herrick, Feinstein, discusses Stavinsky v. Prof-2013-S3 Legal Title Trust by U.S., a foreclosure auction case where the court held that sale terms required the assignee of the winning bidder to pay the prior tenants' maintenance arrears; and Hua Hong Industrial v. Diaz where the landlord was held to have violated AC §27-2005(d) by commencing a baseless proceedings against the tenant.
By Andrew Denney | August 16, 2018
In a victory for New York residential landlords, the majority on a divided Manhattan appeals court found that there is a hard four-year limit to calculate damages in rent overcharge cases involving buildings where landlords are reaping the benefits of a controversial and complex tax abatement credit.
By Scott E. Mollen | August 14, 2018
Scott E. Mollen, a partner at Herrick, Feinstein, discusses “Priceman Family, LLC v. Kerrigan,” where the court held that smoking inside one's apartment was found not prohibited by the lease and did not constitute nuisance; and “Zucker v. HSBC Bank,” where a loan and mortgage modification agreement restarted the statute of limitations on a mortgage debt.
By Scott E. Mollen | July 31, 2018
Scott E. Mollen, a partner at Herrick, Feinstein, discusses “Luce v. Fleck,” where an engagement ring was held to be a conditional gift entitling ex-fiance to have the ring returned or the value of the ring; and “OLR ECW LP v. De Abreud,” where a tenant's refusal to recertify and cure the default granted the landlord summary judgment.
By Warren A. Estis and Michael E. Feinstein | July 31, 2018
In their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss the recent Kings County decision 'BEC Continuum Owners v. Taylor,' where the adequacy of a termination notice was at issue.
New York Law Journal | Analysis
By George M. Heymann | July 31, 2018
Police found a bedroom with the door open and “observed a clear plastic container with five bullets inside… a gun cleaning kit on the floor in front of the bed and a black hard plastic case,” which contained four handguns inside.
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