Expert Opinion

  • Connecticut Law Tribune | Expert Opinion

    Strategy Moving Forward: Post-COVID-19 Advice for Mediations

    By Christopher F. Droney | July 19, 2021

    Our experiences with remote mediations during the pandemic improved the quality of the premediation filings as they became even more important.

  • New York Law Journal | Expert Opinion

    Labor Issues Still Plague Hotel Industry Post Pandemic

    By Todd E. Soloway and Bryan T. Mohler | July 13, 2021

    Labor issues have always been at the forefront of the hotel industry, especially in places like New York City with an active union for hotel employees, and the pandemic has raised additional issues that have the potential to cause significant near- and long-term changes to the ways hotels do business. 

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott Mollen | July 13, 2021

    Scott Mollen, a partner at Herrick Feinstein, discusses "RLM TH LLC v. 162 E. 70th St. Trust," "Benny's Famous Pizza Plus Inc. v. Security Natl. Ins. Co., and "Zollo v. Adirondack Lodges Homeowners."

  • New York Law Journal | Expert Opinion

    Passed Bill Threatens Home Loan Foreclosures

    By Bruce J. Bergman | July 13, 2021

    Bruce Bergman discusses why Bill 2502-A, which amends RPAPL §1302, appears to be an error and "will likely render impossible both the making of home loan mortgages and the foreclosure of such mortgages."

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | June 29, 2021

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses two landlord-tenant cases: "Mall 1-Bay Plaza v. Bronx Vistasite Eyecare," where temporary closures under executive orders did not constitute a taking of tenant's business, and "Bronx Park Phase II Preserv v. V.C." where the court granted tenant's motion to hold a holdover eviction proceeding via virtual trial.

  • New York Law Journal | Expert Opinion

    Co-op and Condo Owners' Right To Inspect: An Update

    By Adam Leitman Bailey and John M. Desiderio | June 29, 2021

    Adam Leitman Bailey and John Desiderio revisit their 2016 article"Court Clarifies Condo Owners' Right to Inspect," giving a broader overview—in light of the pandemic—of the development of the right of shareholders and condominium owners to inspect the corporate records of their respective governing entities.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | June 22, 2021

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses the contracts case "E. Upreal LLC v. Rogers Equities LLC," where discovery was needed to resolve issues, and "GSKP LLC v. Lee" where the landlord failed to show that the tenant's bird feeding constituted a nuisance.

  • New York Law Journal | Expert Opinion

    Help Is On the Way: New York Enacts Pass-Through Entity Tax

    By Ezra Dyckman and Charles S. Nelson | June 22, 2021

    In their Real Estate financing column, Ezra Dyckman and Charles Nelson discuss New York's new pass-through entity tax regime which can provide a significant federal tax benefit to businesses owned through pass-through entities, such as real estate and other closely held businesses, however taxpayers need to be aware of several uncertainties and complexities regarding the application of the new law.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | June 15, 2021

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses "1877 Webster Ave. Inc. v. Tremont Center," where the lack of a force majeure provision did not bar impossibility and frustration of purpose claims, and "Matter of Academy Sq. Apts. Hous. Dev. Fund Co. v. Assessor, City of Utica," where a panel affirmed an order granting the owner tax exempt status on parcels under RPTL §420-a.

  • New York Law Journal | Expert Opinion

    Claims Against Architects and Engineers

    By Kenneth M. Block | June 15, 2021

    In his Construction Law column, Kenneth Block begins a two-part series on construction litigation for owners with a discussion of the fundamentals of claims against construction professionals and contractors, and how to achieve a favorable outcome if litigation becomes necessary. This first part deals with claims against architects and engineers.

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