New York Law Journal | Expert Opinion
By Scott Mollen | December 20, 2022
This week, Scott Mollen discusses "Consulting SS Inc. v. McKellar," where the court held that illegal units are still subject to rent stabilization, "96 Springs, LLC v. Chefs Club NY, Inc.," where the doctrine of impossibility did not excuse a restaurant tenant's performance under lease and "East Pine Apartments, LLC v. Village of Cambridge" where an Article 78 proceeding challenging the revocation of a special use permit survived dismissal.
New York Law Journal | Expert Opinion
By Adrienne B. Koch | December 20, 2022
This article—the last in Adrienne Koch's three-part series examining common features of real estate transactions that can benefit from a litigation analysis in the negotiation phase, she explores the reasons why, and suggests some drafting considerations.
New York Law Journal | Expert Opinion
By Scott Mollen | December 13, 2022
Scott Mollen discusses "215 W. 84th St Owner LLC v. Bailey," and "689 E 187th St LLC v. Mathu."
New York Law Journal | Expert Opinion
By Adam Leitman Bailey and John M. Desiderio | December 13, 2022
In this month's column, Adam Bailey and John Desiderio discuss important commercial leasing decisions unrelated to the pandemic.
New York Law Journal | Expert Opinion
By Scott Mollen | December 6, 2022
Scott Mollen discusses "Golan v. Daily News," where an article about the plaintiff's deceptive real estate practices did not constitute defamation, and "Williams v. Sowle," where the complaint was dismissed for failure to establish the mistake in conveyance was mutual.
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.
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