Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
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.
New York Law Journal | Expert Opinion
By Scott Mollen | January 10, 2023
Scott Mollen discusses two commercial landlord-tenant cases: "195 B Owner LLC v. Anthropologie," where it was held that pandemic executive orders excused the tenant's rent obligation under its lease provision, and "558 Seventh Ave. Corp. v. PKNY IV," where the court held that an invalidate certificate of occupancy does not bar a request for use and occupancy.
New York Law Journal | Expert Opinion
By Todd E. Soloway, Bryan T. Mohler, and Itai Y. Raz | January 10, 2023
In their continued series discussing strategies for distressed hotels, Todd Soloway, Bryan Mohler and Ital Raz take a look at the "complex" role of the hotel operator and explore some of the issues facing operators as they navigate uncertain times.
New York Law Journal | Expert Opinion
By Scott Mollen | January 3, 2023
Scott Mollen discusses "179-94 St. LLC v. Hassan," where the parties' broad release precluded a lawsuit for alleged misrepresentation in a property sale, "Roldan v. 11610 14 Rd. LLC," where the court awarded damages to a tenant living without running water, and "Eastern Effects, Inc. v. 3911 Lemmon Ave. Assoc.," where a settlement provision barred a commercial tenant's fraudulent inducement claim.
New York Law Journal | Expert Opinion
By Bruce J. Bergman | January 3, 2023
In his Mortgage Foreclosure column, Bruce Bergman offers some basics on the subject of the voluntary payment doctrine which provides in short that when a sum is paid with full knowledge of the facts, and without protest, it is deemed voluntary and no later attack on the payment can succeed.
New York Law Journal | Expert Opinion
By Ezra Dyckman and Charles S. Nelson | December 27, 2022
When an instrument denominated as debt has "equity-like" features, should it be respected as debt or recharacterized as equity for income tax purposes? In this edition of their Real Estate Financing column, Ezra Dyckman and Charles Nelson discuss a recent opinion from the Tax Court which came to a "taxpayer-friendly result" on this issue.
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