Expert Opinion

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott Mollen | February 1, 2022

    In his Realty Law column, Scott Mollen discusses the contracts case '70-35 113th Street Holdings LLC. v. Auberge Grand Central LLC,' which illustrates how some people will claim that post default dialogue constituted a waiver, or modification of a contract provision.

  • New York Law Journal | Expert Opinion

    The 'Good Cause Eviction' Bill: A Proposal Under Consideration

    By Warren A. Estis and Alexander Lycoyannis | February 1, 2022

    In their Landlord-Tenant column, Warren Estis and Alexander Lycoyannis review and analyze Senate Bill S3082, also known as the "Good Cause Eviction" bill currently under proposal in Albany which could impact free-market housing accommodations in New York State.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott Mollen | January 25, 2022

    Scott Mollen discusses 'Lincoln St. Mezz II LLC v. One Lincoln Mezz 2,' and 'Liberty Square Realty Corp. v. The Doe Fund Inc.'

  • New York Law Journal | Expert Opinion

    Area Variances as a Special Use Permit 'Workaround'

    By Anthony S. Guardino | January 25, 2022

    New York law prohibits local boards with jurisdiction over special use permits from waiving or modifying their criteria. A decision by the New York Court of Appeals, however, provides a subtle, and often quite useful, way of circumventing that limitation.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott Mollen | January 18, 2022

    Scott Mollen discusses "In the Matter of Brett B. Truett v. Oneida County," and "St. George Hotel Assocs. LLC v. Affiliated FM Ins. Col."

  • New York Law Journal | Expert Opinion

    'Atlas Brookview' and 'Clogging' the Equity of Redemption

    By Jeffrey B. Steiner and Scott A. Weinberg | January 18, 2022

    Until now, no New York court has directly ruled on whether an accommodation pledge is void for violating the equity of redemption. A recent decision issued by the New York State Supreme Court, County of New York, Atlas Brookview Mezzanine v. DB Brookview, however, has directly addressed the issue.

  • New York Law Journal | Expert Opinion

    Real Estate Loan Enforcement: 'Hot Tips' for 2022

    By Richard S. Fries | January 11, 2022

    In this Commercial Real Estate column, Richard Fries discusses strategies and drafting techniques relevant to commercial real estate loan workouts and enforcement, and identifies some of the current solutions proposed during this pandemic-impacted workout cycle.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott Mollen | January 4, 2022

    In his Realty Law Digest column, Scott Mollen discusses "Matter of East River Park Action v. City of New York," and "Malaczynski v. Wittmann."

  • New York Law Journal | Expert Opinion

    Tribunals Split on Effect of Post-'Roberts' Conduct

    By Warren A. Estis and Jeffrey Turkel | January 4, 2022

    In their Rent Stabilization column, Warren Estis and Jeffrey Turkel discuss the questions left open after Roberts v. Tishman Speyer where the Court of Appeals held that apartments in J-51 buildings could not be luxury deregulated while J-51 benefits remained in effect, and how the First Department, Second Department, and DHCR have all answered these questions differently.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott Mollen | December 28, 2021

    Scott Mollen, a partner at Herrick Feinstein, discusses the landlord-tenant case 'Kidd v. Williams,' and the condemnation case 'My Ryan, LLC v. State of New York.'

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