Expert Opinion

  • New York Law Journal | Expert Opinion

    'Regina'—The Landmark Ruling, One Year Later

    By Warren A. Estis and Jeffrey Turkel | May 4, 2021

    More than a year has passed since the Court of Appeals' ruling in Regina Metro. Co. v. NYSDHCR and the First Department has since issued various decisions interpreting the scope of the decision. In their Rent Stabilization column, Warren Estis and Jeffrey Turkel discuss two lines of cases, both relating to the issue of fraud as it impacts the four-year look-back rule.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | May 4, 2021

    Scott E. Mollen, discusses "Haberman v. Zoning Bd. of Appeals of the City of Long Beach," where a wrongful revocation of a building permit was a held as a breach of defendant City of Long Beach's contract.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | April 27, 2021

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses "2857 Sedwick Ave. LLC v. Drummond,"Bowery 263 Condo Inc. v. D.N.P. 336 Convent Ave. LLC," and " Similis Mgmt. LLC v. Dzganiya."

  • New York Law Journal | Expert Opinion

    IRS Requires Reporting of Tax Basis Capital Accounts

    By Ezra Dyckman and Charles S. Nelson | April 27, 2021

    In their Real Estate Financing column, Ezra Dyckman and Charles Nelson discuss the new 2020 partnership tax basis capital account reporting requirements which "give the IRS much more visibility into the tax situations of partners in partnerships."

  • New York Law Journal | Expert Opinion

    Adapting to the New Mezzanine Loan Foreclosure Dynamics

    By Todd Soloway and Michael Levison | April 13, 2021

    The raft of litigation arising out of pandemic-induced foreclosure actions and diligence-intensive distressed deals are causing lenders and borrowers alike to carefully scrutinize their loan documentation. Methods of enforcement and potential defenses are critical.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | April 13, 2021

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses two commercial landlord-tenant cases: "Chip Fifth Ave. LLC v. Quality King Distrib." and "267 Dev. LLC v. Brooklyn Babies & Toddlers, LLC."

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | April 6, 2021

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Bulldog Pack, LLC v. 868 Lorimer Project, dealing with the breach of an operating agreement, and "In Re: 650 Fifth Avenue Company and Related Properties," where the government's seizure of a building was found to have violated the claimants' due process rights.

  • New York Law Journal | Expert Opinion

    Eviction Moratoriums: A Legislative Update

    By Warren A. Estis and Alexander Lycoyannis | April 6, 2021

    In their Landlord-Tenant column, Warren Estis and Alexander Lycoyannis discuss two recently enacted New York State laws aimed at preventing residential and commercial evictions during the COVID-19 pandemic: the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, and the COVID-19 Emergency Protect Our Small Businesses Act of 2021.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | March 30, 2021

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses "39-50 24th St. Realty v. Ol'Bridge Café Inc," where tenant violated the lease for operating an unlicensed catering facility and created a public hazard for holding an large event during the pandemic, and "Bd. of Managers, 80th at Mad. Condo," where questions of fact remained if the board acted arbitrarily in refusing to approve exterior signage.

  • New York Law Journal | Expert Opinion

    Title Insurance Coverage Narrowed For Properties Sold Through Foreclosure

    By Jason C. Bergman | March 30, 2021

    Jason Bergman discusses the state of title insurance for foreclosures given RPAPL 1302-a.

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