New York Law Journal | Expert Opinion
By Lawrence W. Newman and David Zaslowsky | March 24, 2021
In their International Litigation column, Lawrence Newman and David Zaslowsky discuss a recent study by a task force of the Commission on Arbitration and ADR of the International Chamber of Commerce, "The Accuracy of Fact Witness Testimony in International Arbitration," which focuses on one aspect of witness testimony—the accuracy of witness memory as to facts.
New York Law Journal | Expert Opinion
By Scott E. Mollen | March 23, 2021
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Tumayeva v. Oceana Condo" where a prospective buyer's breaches of contract and fiduciary duty claims were dismissed, and "111 Fulton St. Investors v. Fulton Quality Foods, where the court rejected a tenant's defenses of casualty and eminent domain clauses in the lease for default.
New York Law Journal | Expert Opinion
By Anthony S. Guardino | March 23, 2021
Native American tribes seeking to develop their land or control how it is used are finding that New York courts are becoming more and more involved in resolving the disputes that arise.
New York Law Journal | Expert Opinion
By Ross Katz and Sanford J. Schlesinger | March 19, 2021
The authors discuss their opinion that with the ever-increasing use of inter vivos trusts, the time has come for EPTL 3-3.5 to be amended to include safe harbor provisions that apply to both wills and trusts.
New York Law Journal | Expert Opinion
By Scott E. Mollen | March 16, 2021
Scott E. Mollen, a partner at Herrick, Feinstein, discusses two foreclosure cases: "Bridgecity Capital QOB v. 1717 E. 8 St. LLC," and "NYCTL 2016-A Trust v. Neighborhood Youth & Family Services."
New York Law Journal | Expert Opinion
By Jeffrey B. Steiner and Scott A. Weinberg | March 16, 2021
One recent decision issued by New York's Appellate Division, Second Department, though favorable to the senior mortgage lender, highlights the consequences that may result should a lender fail to exercise caution when modifying their mortgage loans. In their Real Estate Financing column, Jeffrey Steiner and Scott Weinberg discuss the decision in "Commodore Factors Corp. v. Deutsche Bank Natl. Trust Co."
New York Law Journal | Expert Opinion
By Scott E. Mollen | March 9, 2021
Scott E. Mollen, a partner at Herrick, Feinstein, discusses three commercial landlord-tenant cases: "138-77 Queens Blvd LLC v. QB Wash LLC," "Daval 37 Assocs. LLC v. Alamoda Fascination LLC," and " RPH Hotels 51st St. Owner LLC v. HJ Parking."
New York Law Journal | Expert Opinion
By Kenneth M. Block and Joshua M. Levy | March 9, 2021
This is the third and last in a series of articles dealing with construction management agreements. Here, the authors discuss the liability of construction managers during the construction phase of the project.
New York Law Journal | Expert Opinion
By Scott E. Mollen | March 2, 2021
Scott E. Mollen, a partner at Herrick, Feinstein, discusses 'Piscionere v. Gori,' 'Gutnick v. Jacobson,' and 'Alir Inc. v. Jiminez.'
New York Law Journal | Expert Opinion
By Scott E. Mollen | February 23, 2021
Scott Mollen, a partner at Herrick, Feinstein, discusses "Omega SA v. 375 Canal LLC," where the landlord was hit with a $1.1 million statutory damage award based on on the building's connection with counterfeiting and trademark violations.
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