New York Law Journal | Expert Opinion
By Scott Mollen | February 7, 2023
Scott Mollen discusses "SEZ Foster LLC v. City of New York," where the court held that City of New York is not precluded from arbitrating land's fair market value, and "Potanovic v. Town of Stony Point," where the court dismissed a Section 1983 action alleging that the town violated First Amendment free speech rights, by omitting the public input part of town board meetings from Facebook live.
New York Law Journal | Expert Opinion
By Peter E. Fisch and Salvatore Gogliormella | February 7, 2023
Buyers and sellers of real estate must consider how legal principles pertaining to fraud might affect sellers' liability for any false statements made in the context of their transactions.
New York Law Journal | Expert Opinion
By Ilene Sherwyn Cooper | February 3, 2023
A discussion of several Surrogate's Court opinions that rounded out 2022 and those that "raised the curtain on the New Year."
New York Law Journal | Expert Opinion
By Gary M. Rosenberg, Alexander Lycoyannis and Michael A. Pensabene | January 31, 2023
The enforceability of undefined terms such as "best efforts" often turns on how the commercial lease is drafted. This article discusses how New York courts interpret and enforce these "efforts" clauses.
New York Law Journal | Expert Opinion
By Scott Mollen | January 31, 2023
Scott Mollen discusses "260-261 Madison Ave. LLC v. WeWork 261 Madison LLC," and NRP Mortgage Trust I v. 701 Elton Ave."
New York Law Journal | Expert Opinion
By Scott Mollen | January 24, 2023
Scott Mollen discusses "Palacio v. Moursy," where the court vacated the tenant's stipulation to vacate; and "Article 13 LLC v. Ponce de Leon Federal Bank" where denials of summary judgment in an action to Quiet Title to a Brooklyn property was explained.
New York Law Journal | Expert Opinion
By Anthony S. Guardino | January 24, 2023
Applications by wireless service providers to construct cell towers, and opposition to those applications, are governed by the Telecommunications Act of 1996 and by zoning and land use laws as provided in that law. This column discusses the principal governing law, recent FCC guidance, and notable court decisions in this area to provide a roadmap both for those seeking to install cell towers and those wanting to make sure that all rules are followed.
New York Law Journal | Expert Opinion
By Jeffrey B. Steiner and Megan Vallerie | January 18, 2023
In their Real Estate Financing column, Jeffrey Steiner and Megan Vallerie discuss the question of whether or not the exercise of remedies by a lender following a non-monetary event of default is enforceable.
New York Law Journal | Expert Opinion
By Scott Mollen | January 17, 2023
In this edition of his Realty Law Digest, Scott Mollen discusses "17 Lexington Ave. LLC v. Alison Six Star," where a blank commencement date did not render the subject lease agreement unenforceable, and "Spiegel v. 85th Estates Co.," where the court certified a class action in a tenants' suit against the landlord.
New York Law Journal | Expert Opinion
By Peter E. Bronstein and Eric A. Buckley | January 13, 2023
A discussion of the issues involved when divorcing spouses need to stay together in the home after commencement of divorce proceedings.
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