Expert Opinion

  • New York Law Journal | Expert Opinion

    Local Governments React to State's Marijuana Law

    By Anthony S. Guardino | September 21, 2021

    Towns, villages, and cities across the state are considering whether to opt out of the state law that legalizes marijuana use for adults or, alternatively, if they should regulate specific licenses created by the law. This column will explain the steps that local government officials may take to limit the MRTA's impact on their community

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott Mollen | September 14, 2021

    In his Realty Law Digest, Scott Mollen discusses "Indig v. Village of Pomona," "Cromwell Towers Apts. v. Cordero," and "Advani v. Borden."

  • New York Law Journal | Expert Opinion

    Mortgage Foreclosures, Acceleration and the Statute of Limitations

    By Jeffrey B. Steiner and Scott A. Weinberg | September 14, 2021

    In their Real Estate Financing column, Jeffrey Steiner and Scott Weinberg discuss the status of law relating to acceleration and the statute of limitations amid foreclosure actions as clarified in the recent New York's Court of Appeals case 'Freedom Mortgage Corporation v. Engel.'

  • New York Law Journal | Expert Opinion

    Review of 2020 Cases Under SEQRA

    By Michael B. Gerrard and Edward McTiernan | September 8, 2021

    In 2020, the courts decided 47 cases under the New York State Environmental Quality Review Act (SEQRA). In this edition of their Environmental Law article—the 30th anniversary of this column's first annual SEQRA review—Michael Gerrard and Edward McTiernan discuss the cases, which continued the familiar pattern that the safest way for a controversial project to withstand attack in court is to prepare a full EIS.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott Mollen | September 7, 2021

    Scott Mollen discusses two landlord-tenant cases "723 Edibles Inc. v. 721 Borrower," and "50th St. HDFC v. Abdur Rahim," and a land use case "U&Me Homes v. County of Suffolk."

  • New York Law Journal | Expert Opinion

    Leasing After COVID, Part II: Tenant Security

    By Ann E. Ryan and Adrienne B. Koch | September 7, 2021

    The pandemic has highlighted vulnerabilities in two of the most popular forms of tenant security—guaranties and security deposits. In Part 2 of their series "Leasing After COVID," Ann Ryan and Adrienne Koch examine the impact of the pandemic on each of those types of security and offer some suggestions for landlords going forward.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott Mollen | August 31, 2021

    In this week's Realty Law Digest, Scott Mollen discusses the easement case "Rice v. Pennoyer," a land use case "Remauro v. City of N.Y," and a landlord-tenant case "11-15 New Montrose Ave. Tenant Ass'n v. 11-15 New Montrose Ave. Hous. Dev. Fund Corp.

  • New York Law Journal | Expert Opinion

    What Happens When an Apartment Is Vacant On the Base Date?

    By Warren A. Estis and Jeffrey Turkel | August 31, 2021

    The base date rent for purposes of determining a rent overcharge complaint is generally the rent charged to the tenant on the date four years prior to the tenant's overcharge claim. But what happens if the apartment was temporarily exempt or vacant on the base date? The answer to this has taken various twists and turns, including a new twist introduced in Connors v. Kushner Companies, which Warren Estis and Jeffrey Turkel discuss here in their Rent Stabilization column.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott Mollen | August 24, 2021

    In his Realty Law Digest, Scott Mollen discusses "JDS Construction Group, LLC and 9 Dekalb Fee Owner LLC v. Continental Casualty Company," "Kalikow Family P'ship LP v. Doe," and "Matter of Denisov v. Dechance."

  • New York Law Journal | Expert Opinion

    Can Laches Ever Defeat a Mortgage?

    By Bruce J. Bergman | August 24, 2021

    Generally speaking, the equitable defense of laches is unavailable in an action commenced within the applicable period of limitation. But a recent case where a lender encountered a number of mishaps but was very slow to cure its problems, has presented different circumstances. In his foreclosure Litigation column, Bruce Bergman discusses the case "Bank of New York v. Terrapin Industries."

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