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 Scott E. Mollen | January 19, 2021
Scott E. Mollen discusses the commercial landlord-tenant case "188 Ave. A Take Out Food Corp. v. Lucky Jab Realty Corp," and the construction case "Turner Constr. Co. v. Nastasi & Assoc."
New York Law Journal | Expert Opinion
By Jeffrey Steiner and David Broderick | January 19, 2021
During periods of distress in the real estate industry, when loans are being placed in default at a higher frequency, if a lender is not going to enter into a consensual workout or loan restructuring with their defaulted borrower, the lender will have the choice of either enforcing rights under the loan, or selling it. In their Real Estate Financing column, Jeffrey Steiner and David Broderick discuss two recent cases demonstrating the challenges lenders may face with each of these options.
New York Law Journal | Expert Opinion
By Scott E. Mollen | January 12, 2021
Scott E. Mollen, a partner at Herrick, Feinstein, discusses the Land Use and Planning case "Peyton v. New York City Board of Standards and Appeals" from the New York State Court of Appeals.
New York Law Journal | Expert Opinion
By Bruce J. Bergman | January 12, 2021
In his Foreclosure Litigation column, Bruce Bergman notes how there has been a surprising number of cases lately where foreclosures are dismissed as abandoned for lenders' failure to adhere to a particular time frame. He writes: "This is one arena where lenders really should not lose, because when they do, it is their own fault. The system is tough enough without the foreclosing plaintiff shooting itself in the foot."
New York Law Journal | Expert Opinion
By Scott E. Mollen | January 5, 2021
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "American Infertility of New York v. Verizon," a tresspass action, where questions existed as to whether Verizon was a licensee, and "Windward Bora LLC v. Wilmington Savings Fund Society," where the defendant was found immune, as HUD's assignee, from N.Y.'s limit period on foreclosure actions.
New York Law Journal | Expert Opinion
By Warren A. Estis and Jeffrey Turkel | January 5, 2021
A body of law has developed over the years to determine whether a building is subject to rent stabilization by virtue of the number of housing accommodations therein. Warren Estis and Jeffrey Turkel summarize this case law.
Connecticut Law Tribune | Expert Opinion
By Christopher F. Droney | December 30, 2020
If you are arguing audio-only or via Zoom, here are tips to prepare before taking your case to the Second Circuit.
New York Law Journal | Expert Opinion
By Scott E. Mollen | December 29, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "U.S. Bank Nat'l Assoc. v. Goldman Sachs Mortgage," where the agreement imposed an obligation of reasonableness as to enforcement undertaken by the trustee, and "47-351 Operating Corp. v. Merino," where an Airbnb occupant overstayed his reservation.
New York Law Journal | Expert Opinion
By Bruce J. Bergman | December 29, 2020
A not so uncommon event in mortgage foreclosure actions is the dismissal of the case, or the compelling of some measure by the court, sua sponte, that is, on its own—without a motion having been made for that relief. The sheer reported volume of appellate division reversals of trial court sua sponte dismissals confirms that such occurrences are, if not definable as a problem, certainly an issue.
New York Law Journal | Expert Opinion
By Scott E. Mollen | December 22, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Columbia University v. D'Agostino Supermarkets," a decision involving a clash of competing public policy considerations: freedom to contract, enforceability of settlement agreements and the unenforceability of illegal penalties.
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