Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Expert Opinion
By Ezra Dyckman and Charles S. Nelson | February 23, 2021
On July 31, 2020, Treasury released proposed regulations under Section 1061, and on January 7, 2021, Treasury finalized these regulations. The final regulations largely adopt the proposed regulations, but with some important modifications that are largely favorable to taxpayers.
New York Law Journal | Expert Opinion
By Scott E. Mollen | February 16, 2021
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Downtown New Yorkers Inc. v. NYC," where a petition to block New York City from Relocating homeless people from the Lucerne Hotel to the Radisson Hotel was dismissed, and "Ellis v. Town of E. Hampton," where adverse possession against government-owned land was denied.
New York Law Journal | Expert Opinion
By Adam Leitman Bailey and Dov Treiman | February 16, 2021
Adam Leitman Bailey and Dov Treiman discuss the Court of Appeals decision "Trustees of Columbia v. D'Agostino," where the court handed down a 4-3 decision with a new interpretation of the law of liquidated damages with regard to surrender agreements. The case, they contend, "rewrites the rules of when a tenant simply gives up on the space."
New York Law Journal | Expert Opinion
By Scott E. Mollen | February 9, 2021
Scott E. Mollen, a partner at Herrick, Feinstein, discusses the Court of Appeals foreclosure case "US Bank N.A. v. Nelson," and the Queens County landlord-tenant case "111-50 Realty Corp. v. Melgar."
New York Law Journal | Expert Opinion
By Peter E. Fisch and Salvatore Gogliormella | February 9, 2021
In their Transactional Real Estate column, Peter Fisch and Salvatore Gogliormella review ROFR challenges in New York which illustrate that courts honor the written intentions of the parties to a ROFR, but also uncovers that courts will fill gaps in drafting with certain default rules and will look for certain indicators of reasonableness.
New York Law Journal | Expert Opinion
By Kenneth E. Pitcoff and Andrea M. Alonso | February 3, 2021
New York's Dram Shop Act makes it illegal for commercial vendors to serve alcohol to persons, who are "visibly intoxicated" or under the age of 21. The majority of cases arise when an intoxicated patron leaves the establishment in a car and causes an accident. Liability is not limited, however, to accidents involving cars but has been extended to include boats, motorcycles, ATVs, and snowmobiles.
New York Law Journal | Expert Opinion
By Scott E. Mollen | February 2, 2021
Scott E. Mollen, a partner at Herrick, Feinstein, discusses the landlord-tenant case 'Avignone v. Valigorski.'
New York Law Journal | Expert Opinion
By Warren A. Estis and Alexander Lycoyannis | February 2, 2021
In their last column, Warren A. Estis and Alexander Lycoyannis discussed the COVID defenses of impossibility and frustration of purpose and analyzed two of the first known decisions applying them in commercial landlord-tenant disputes during the pandemic. Here, they summarize four recent lower court rulings applying the COVID defenses in commercial landlord-tenant cases.
New York Law Journal | Expert Opinion
By Scott E. Mollen | January 26, 2021
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Avail Holding LLC v. Ramos," where the court awarded attorney fees based on quality of work product and extensive experience, and "G Family Holdings LLC v. Washington-West 11th St. Owners Corp.," where defendants were denied reargument on the issue regarding a surviving private nuisance claim.
New York Law Journal | Expert Opinion
By Anthony S. Guardino | January 26, 2021
A well-established subdivision tool allows developers to realize the full yield of their property while protecting environmentally-sensitive resources.
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