New York Law Journal | Expert Opinion
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
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
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
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
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
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
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.
New York Law Journal | Expert Opinion
By Scott Mollen | April 12, 2022
Scott Mollen discusses "220 E. 26th St. LLC v. Kaled Mgmt. Corp.," where a real estate management company was found to have owed a fiduciary duty to property owners; and "Kim v. United Am. Land Inc.," a landlord-tenant case where it was held that the housing court has jurisdiction to issue "orders to correct" for loft law premises.
New York Law Journal | Expert Opinion
By Bruce J. Bergman | April 12, 2022
In his Foreclosure Litigation column, Bruce Bergman discusses a new law which becomes effective on April 30 "labelled as an amendment to the civil practice law and rules regarding the interest rate applicable to money judgments arising from consumer debt," but "conspicuously, never once mentions mortgages, mortgage foreclosure or judgments of foreclosure and sale."
New York Law Journal | Expert Opinion
By Warren Estis and Alexander Lycoyannis | April 5, 2022
In their June, 2021 Landlord-Tenant column, Warren Estis and Alexander Lycoyannis predicted that as "New York proceeds slowly but surely toward a semblance of pre-pandemic normalcy…the era of COVID-related defenses to commercial rent nonpayment may soon become a thing of the past." In this column, they discuss two recent rulings from the Appellate Division, First Department which bear directly on the issue.
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