New York Law Journal | Expert Opinion
By Gary M. Rosenberg, Alexander Lycoyannis and Zachary J. Rothken | December 6, 2022
In their Landlord-Tenant Law column, Gary Rosenberg, Alexander Lycoyannis and Zachary Rothken focus on two specific parts of the proposed amendments to the Rent Stabilization Code, which DHCR says are intended to address changes made by the Housing Stability and Tenant Protection Act of 2019 and court decisions issued since the most recent Rent Stabilization Code amendments in 2014.
New York Law Journal | Expert Opinion
By Todd E. Soloway, Bryan T. Mohler, and Itai Y. Raz | November 29, 2022
With inflationary factors, sharply rising interest rates and persistent staffing shortages leading to significantly increased operating costs, there is widespread concern that rising costs will outpace revenue gains in 2023.
New York Law Journal | Expert Opinion
By Scott Mollen | November 29, 2022
Scott Mollen discusses "Zelik v. Rubashkin," where it was held that summary judgment is denied when contradictory claims require a trial for resolution, and "Brinkmann v. Town of Southold" where a takings clause claim was held not stated – the land at issue taken for a park did not bestow a private benefit.
New York Law Journal | Expert Opinion
By Scott Mollen | November 22, 2022
Scott Mollen discusses two landlord-tenant cases: "West 49th St., LLC v. O'Neill," and "Apartment Owners Advisory Council v. Marks."
New York Law Journal | Expert Opinion
By Anthony S. Guardino | November 22, 2022
Recent opinions by the Advisory Committee on Judicial Ethics shed light on when judges must, or need not, recuse themselves in matters directly or indirectly involving zoning and land use issues.
New York Law Journal | Expert Opinion
By Scott Mollen | November 15, 2022
Scott Mollen discusses 'Lee v. Hootnick,' and '1995 CAM LLC v. West Side Advisors, LLC.'
New York Law Journal | Expert Opinion
By Jeffrey B. Steiner and Tim Swearingen | November 15, 2022
While mortgage lenders have long worried that a bankruptcy filing by their borrower could prevent or delay a foreclosure action, should they now also worry that a bankruptcy filing by a tenant at the property will have the same impact? A recent Second Circuit Court of Appeals decision seems to say yes. In their Real Estate Financing column, Jeff Steiner and Tim Swearingen discuss the case "Bayview Loan Servicing LLC v. Fogarty."
New York Law Journal | Expert Opinion
By Scott Mollen | November 8, 2022
In this week's Realty Law Digest, Scott Mollen discusses two landlord-tenant cases, "River Park Residences v. Williams," and "Kelly v. Williams."
New York Law Journal | Expert Opinion
By Kenneth M. Block and Melissa T. Billig | November 8, 2022
A well drafted agreement will lay out key business terms, the responsibilities of each party, and will manage expectations and risks. It is critical to balance what may be achievable with what is reasonable under the circumstances and, importantly, what hot button issues may derail contract negotiations.
New York Law Journal | Expert Opinion
By Peter E. Fisch and Salvatore Gogliormella | November 1, 2022
Severing a master lease generally entails a number of thorny issues. Because severance can have a meaningful impact on many of the parties' rights and remedies and on their ability to manage and exit their investments in the portfolio, the parties should carefully consider those issues at the outset, prior to entering into the master lease.
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