New York Law Journal | Expert Opinion
By Scott Mollen | July 19, 2022
Scott Mollen discusses "Kassin Sabbagh Realty v. 125th St Holding Co. LLC " and "88 Ave. Realty De LLC v. Castro.
New York Law Journal | Expert Opinion
By Jeffrey B. Steiner and Megan Vallerie | July 19, 2022
In raising a statute of limitations defense, a question may arise as to when the lender accelerated the loan, which begins the running of the six-year statutory period. Courts have held that the lender must take an "unequivocal overt act" and deliver a notice to the borrower expressly accelerating the loan. This article discusses several cases which have addressed the issue of what constitutes an unequivocal notice.
New York Law Journal | Expert Opinion
By Scott Mollen | July 12, 2022
Scott Mollen discusses a commercial landlord-tenant case "Ralph Lauren Retail Inc. v. 888 Madison LLC," an environmental case "Mahoney v. U.S. Dep't of the Interior," and a landlord-tenant holdover case, "LaPorte v. Garcia."
New York Law Journal | Expert Opinion
By Bruce J. Bergman | July 12, 2022
While lenders would like to believe that the subject of awarding legal fees in a mortgage foreclosure (or condominium lien foreclosure) action is reasonably consistent and predictable, that turns out not to be quite so.
New York Law Journal | Expert Opinion
By Todd E. Soloway and Bryan T. Mohler | July 5, 2022
Todd Soloway and Bryan Mohler examine the Subordination, Non-Disturbance and Attornment Agreement (or SNDA)—typically used by hotel lenders, owners and managers to set forth their respective rights upon a foreclosure, and consider disputes that may arise when a party seeks to enforce its SNDA rights.
New York Law Journal | Expert Opinion
By Patricia Kane | July 5, 2022
Scott Mollen discusses 'Colle v. Saunders' and 'Licht v. Rosenberg.'
New York Law Journal | Expert Opinion
By Scott Mollen | June 28, 2022
Scott Mollen discusses "Arntzen v. NYC," where the court held that New York City must complete an environmental impact review on outdoor seating, and "The Bank of NY Mellon v. Luria," where the court challenged a recent Second Department decision on RPAPL §1304
New York Law Journal | Expert Opinion
By Adam Leitman Bailey and John M. Desiderio | June 28, 2022
"Courts have mostly rejected anti-free market tactics of the board of directors but other cases have given boards discretion to allow such rejections." Adam Leitman Bailey and John Desiderio discuss these cases and offer that "New York needs the Appellate Division to settle this quarrel."
New York Law Journal | Expert Opinion
By Scott Mollen | June 21, 2022
Scott Mollen discusses 'Trump Ferry Point LLC v. Silver' where the court held that the subject license did not obligate the petitioner to attract or hold any golf tournaments; and 'HPS 50th Ave. L1HTC Assoc. LLC v. Gallo,' where the tenant was ordered to cease creating "Collyer" conditions in the apartment.
New York Law Journal | Expert Opinion
By Ezra Dyckman and Charles S. Nelson | June 21, 2022
In their Real Estate Financing column, Ezra Dyckman and Charles Nelson discuss the recent Ninth Circuit case, 'Milkovich v. United States,' which raises a number of interesting issues relating to distressed debt and serves as a reminder of the importance of the distinction between cancellation-of-indebtedness income and gain from the sale of property.
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