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 | 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.
New York Law Journal | Expert Opinion
By Scott Mollen | October 25, 2022
This week in his Realty Law Digest column, Scott Mollen discusses "Haimovici v. Castle Vil. Owners Corp.," a lease termination action where records of the tenant's misconduct precluded a preliminary injunction, and "Application of Voice of Gowanus v. City of New York," where a challenge to Gowanus rezoning was dismissed due to a failure to show that the environmental review was capricious.
New York Law Journal | Expert Opinion
By Ezra Dyckman and Charles S. Nelson | October 25, 2022
On Aug. 16, President Joe Biden into law the "Inflation Reduction Act," which, among other things, extended the limitation on the deduction of certain business losses from Jan. 1, 2027 to Jan. 1, 2029. The authors believe that this extension provision, although not highly publicized, could have a significant effect on businesses that have tax losses, including rental real estate businesses.
New York Law Journal | Expert Opinion
By Scott Mollen | October 18, 2022
Scott Mollen discusses "Mackey v. My Little Saltbox, LLC," where intentional misrepresentations in a real estate transaction barred a motion to dismiss, and "Torres v. Marrero" where Anti-SLAPP pleading standards were found to apply to a defamation suit between bickering neighbors.
New York Law Journal | Expert Opinion
By Adrienne B. Koch | October 18, 2022
This article—the second in a three-part series examining common features of real estate transactions that can benefit from a litigation analysis in the negotiation phase—focuses on two of those aspects: statutes of limitations and waivers of duties.
New York Law Journal | Expert Opinion
By Scott Mollen | October 11, 2022
Scott Mollen discusses "Colgate Inn v. Eberhardt," where the court found that the subject lease granted the Inn owner access to an Inn lessee's records regarding the Inn's transactions, and "2875 W. 8th St. Assoc., L.P. v. Bonomo," where the court allowed a tenant to cure a default with a conditional Yellowstone injunction.
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