Expert Opinion

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    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

    Judgment Rate Lowered to 2%—Not Applicable to Foreclosures

    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

    The 'COVID Defenses': An Appellate Update

    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.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott Mollen | April 5, 2022

    Scott Mollen discusses "Nick's Lobster v. Land & Sea Constr. Corp.," a breach of contract case, and a commercial landlord-tenant case "Reade Broadway Ass'n v. Yuen & Assoc."

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott Mollen | March 29, 2022

    In his Realty Law column, Scott Mollen discusses 'Gruber v. Gruber,' a case involving a constructive trust where issues of fact existed as to whether the transfer of property was effectuated, and 'Friedman Residence v. Denson,' where the court held that Housing Court is the correct forum for resolving the landlord's ejection action.

  • New York Law Journal | Expert Opinion

    Revised PACE Financing Guidelines: What You Need To Know

    By Peter E. Fisch and Salvatore Gogliormella | March 29, 2022

    In their Transactional Real Estate column, Peter Fisch and Salvatore Gogliormella focus on Commercial Property Assessed Clean Energy (C-PACE) financing as they discuss the basics of a PACE loan, including what it is, how it works, where it comes from and who qualifies.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott Mollen | March 22, 2022

    Scott Mollen discusses "300 Wadsworth LLC v. NYSDHCR, and "Allied Constr. Corp. v. Parsons Transp. Group of New York."

  • New York Law Journal | Expert Opinion

    Court of Appeals to Focus on 'Prior Nonconforming Uses'

    By Anthony S. Guardino | March 22, 2022

    The New York Court of Appeals has agreed to hear a case involving a decades-old sand mine on Long Island and a town's ability to block the mine's continuing operation.

  • New York Law Journal | Commentary|Expert Opinion

    Success in Your Career Rests on a Three-Legged Stool

    By Dawn Smalls | March 16, 2022

    I tell young people that their career represents a three-legged stool. You need all three to have a strong foundation that allows you to succeed in…

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott Mollen | March 15, 2022

    Scott Mollen discusses "Rodriguez v. Richards," a breach of contract case where the seller was entitled to keep a $50,000 deposit even though the contract lacked a liquidated damage provision, and "450 Grand Avenue Realty LLC v. Technology Insurance Company," an insurance case where the court granted a motion to dismiss finding that a COVID-19 moratorium was only applicable to policyholders experiencing financial hardship due to the pandemic.

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