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.
New York Law Journal | Expert Opinion
By Kenneth M. Block and Stuart B. Rosen | June 15, 2022
In their Construction Law column, Kenneth Block and Stuart Rosen examine the concept of "unavoidable delays," i.e., a delay for which the contractor is not responsible and may be entitled to an extension of time, additional compensation or both.
New York Law Journal | Expert Opinion
By Scott Mollen | June 14, 2022
In this week's Realty Law column, Scott Mollen discusses "538 Morgan Ave. Props. LLC v. 538 Morgan Realty LLC," and "Dvortsov v. Levy,"
New York Law Journal | Expert Opinion
By Scott Mollen | June 7, 2022
Scott Mollen discusses "Highbridge Facilities v. Cromwell Avenue Investors," "Freeman v. Harmonia Holdings," and "Supercool Co. RHVAC v. LaSalla."
New York Law Journal | Expert Opinion
By Adrienne B. Koch | June 7, 2022
In this first article of her three-part series, Adrienne Koch examines some common aspects of real estate transactions that can benefit from a litigation analysis in the negotiation phase. This article focuses on guaranties.
New York Law Journal | Expert Opinion
By Scott Mollen | May 31, 2022
Scott Mollen discusses two landlord-tenant cases, "1641 Park Ave. Assoc. v. Parker," and "Ermenegildo Zegna Corp. v. L&M 825."
New York Law Journal | Expert Opinion
By Gary M. Rosenberg and Alexander Lycoyannis | May 31, 2022
In recent weeks, the Appellate Division, First Department has twice considered the issue of whether a force majeure clause can excuse the obligation to pay rent under a commercial lease. In their Landlord-Tenant column, Gary Rosenberg and Alexander Lycoyannis discuss these cases.
New York Law Journal | Expert Opinion
By Scott Mollen | May 17, 2022
Scott Mollen discusses "T.C. Murphy Lumber Co., Inc., v. TopRidge, and "Dep't of Hous. Pres. & Dev. of NYC v. Rosenfeld."
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