Expert Opinion

  • New York Law Journal | Expert Opinion

    Intercreditor Agreements: The Key to a Secure Loan for Mezzanine Lenders

    By Scott A. Weinberg and Billy M. Hildbold | May 17, 2022

    In their Real Estate Financing column, Scott Weinberg and Billy Hildbold discuss the importance of an intercreditor agreement, which "at its core, sets the boundaries and expectations when it comes to issues that may affect both a mortgage loan and a mezzanine loan."

  • New York Law Journal | Expert Opinion

    Russia's Ukraine Invasion Triggers New ESG Considerations

    By Dave Curran and Brad Karp | May 11, 2022

    Russia's invasion of Ukraine has forced companies to navigate a new world order and reexamine their environmental, social and governance priorities, especially concerning human rights. Here is how lawyers can help companies respond to the unprecedented crisis.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott Mollen | May 10, 2022

    Scott Mollen discusses an unjust enrichment case, "Swift v. Rappaport," and two landlord-tenant cases, "Schulte Roth & Zabel v. Metropolitan 919 3rd Ave. LLC," and "Rosen v. MF Assoc. of NY."

  • New York Law Journal | Expert Opinion

    The Odd Remedy of Strict Foreclosure—To the Rescue

    By Bruce J. Bergman | May 10, 2022

    In foreclosure cases, the consequences of a mistake can be critical. One misstep is failing to name and serve a party with a junior interest, a "necessary party." The strict foreclosure action is a way of solving what could otherwise be a "very thorny dilemma."

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott Mollen | May 3, 2022

    Scott Mollen discusses two landlord-tenant cases, "S&M Bronx Inc. v. Mosholu Petrol Realty LLC," and "Tell v. FirstService Residential NY Inc."

  • New York Law Journal | Expert Opinion

    Demolition Applications

    By Jeffrey Turkel | May 3, 2022

    In First NY, LLC v. New York State Div. of Hous. & Community Renewal, Justice Carol Edmead affirmed a DHCR order that denied the landlord's demolition application on the ground that the landlord had failed to provide documentation as to its plans for the site following the demolition. This article will examine this case as well as an earlier decision by Justice Debra James in 118 Duane LLC v. New York State Div. of Homes & Community Renewal dealing with the subject of demolition applications.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott Mollen | April 26, 2022

    Scott Mollen discusses the contracts case "Wang v. 44th Drive Owner," and two landlord tenant cases, "Monica King Contemporary LLC v. Kedzkidz Realty II," and "Greenwood v. Ajal."

  • New York Law Journal | Expert Opinion

    New Opportunity Zone Regulation Provides Further Planning Opportunities

    By Ezra Dyckman and Charles S. Nelson | April 26, 2022

    A discussion of the Treasury Department's 2021 regulations regarding qualified opportunity funds which "provide a significant benefit to taxpayers who purchased property in qualified opportunity zones prior to 2018." The authors warn, however, that there are "several pitfalls that must be avoided."

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott Mollen | April 19, 2022

    In this edition of his Realty Law Digest, Scott Mollen discusses "Parkmerced Invs. v. WeWork," and "Fulton View Realty v. Reddy."

  • New York Law Journal | Expert Opinion

    When Is Part Performance 'Part Performance in Real Estate Cases'?

    By Adam Leitman Bailey and John M. Desiderio | April 19, 2022

    Adam Leitman Bailey and John Desiderio discuss the issue of "part performance," the doctrine of which can overcome the Statute of Frauds in circumstances when parties enter into unwritten deals and don't contemplate all the possible circumstances that might arise in the course of their dealings.

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