Scott Mollen Realty Law Digest
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Wyona Apts. LLC v. Ramirez," where the court held that a virtual trial did not violate the respondents' due process rights, and "204 E. 38th LLC v. Sons of Thunder LLC," where an administrative code provision barred the lessor from seeking recovery based on a personal guaranty.
December 15, 2020 at 02:00 PM
15 minute read
Virtual Trials—Landlord-Tenant—Motion To Stay Proceedings Denied—Parties Ordered To Proceed to a Virtual Trial—Virtual Trial Will Not Violate Respondents' Due Process Rights—Respondent Claimed That She Had a Smartphone but Lacked Computer or Internet Connection at Home—Respondents Asserted Virtual Trial Will Be Riddled with So Many Complications and Delays, It Will "Endanger Their Right to a Fair Trial"—Court Noted "The Presumption That the Modern Practice of Law Should Readily Include a Computer and Internet Access Does Not Hold for Litigants, Especially Those of Limited Financial Means"
This decision involved a motion to stay a trial of a non-payment proceeding which had been commenced in 2017. Respondents had counterclaimed for rent overcharge.
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