Expert Opinion

  • New York Law Journal | Expert Opinion

    Treasury Issues Final Regulations Under Section 163(j)

    By Ezra Dyckman and Charles S. Nelson | December 22, 2020

    On Nov. 26, 2018, the Treasury Department issued proposed regulations under Section 163(j), and on July 28, 2020, these regulations were finalized. The final regulations largely adopt the proposed regulations, but with some important modifications that are generally favorable to taxpayers.

  • New York Law Journal | Expert Opinion

    Does New York Have a State Militia as Defined by the Second Amendment?

    By Jay Goldberg and Alex Huot | December 16, 2020

    This article deals with a "band of brothers" and "sisters," namely, prominent jurists, state and federal, as well as distinguished and prominent lawyers, who gather together at least one day each month.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | December 15, 2020

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Wyona Apts. LLC v. Ramirez," where the court held that a virtual trial did not violate the respondents' due process rights, and "204 E. 38th LLC v. Sons of Thunder LLC," where an administrative code provision barred the lessor from seeking recovery based on a personal guaranty.

  • New York Law Journal | Expert Opinion

    Self-Help Eviction in 2020/2021

    By Adam Leitman Bailey and John M. Desiderio | December 15, 2020

    Fifteen years after their article, "Self Help Evictions: The Neglected Commercial Remedy," Adam Leitman Bailey and John Desiderio address and update the law on the self-help remedy that enables commercial landlords to regain possession of leased premises from tenants in material breach of one or more lease covenants.

  • New York Law Journal | Expert Opinion

    'Gas-lighting' in Matrimonial Cases

    By Thomas F. Liotti and Lucia Maria Ciaravino | December 10, 2020

    There is an esoteric issue "below the radar" which is becoming commonplace in matrimonial cases, but which courts and lawyers are only beginning to understand. It is referred to as "gas-lighting" or the manipulation of a psychological strategy that causes a spouse to believe that they are losing their minds.

  • New York Law Journal | Expert Opinion

    Three Areas Still Confusing the Statute of Limitations: Acceleration Letters, Complaints and Discontinuances

    By Bruce J. Bergman | December 8, 2020

    In his foreclosure column, Bruce Bergman discusses three questions still causing confusion when dealing with acceleration and the statute of limitations: (1) What language actually constitutes an acceleration? (2) Does the filing of a foreclosure complaint evince an acceleration? And (3) does discontinuance of a prior foreclosure revoke an acceleration?

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | December 8, 2020

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses three landlord-tenant cases: "The Shack Collective Inc. v. DeKalb Market Hall," "Cook v. Fairfax Mgmt Corp.," and "631 Edgecombe, LP v. Walker."

  • New York Law Journal | Expert Opinion

    Preliminary Injunctions To Enjoin UCC Foreclosures Amid the Pandemic

    By Janice Mac Avoy, Matthew D. Parrott, Justin J. Santolli and Shira Sandler | December 4, 2020

    An analysis of decisions which reflect a marked change in how courts have addressed attempts to enjoin UCC foreclosures in connection with the COVID-19 pandemic.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | December 1, 2020

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Board of Mgrs. of the 28 Cliff St. Condominium v. Maguire," where the court held that a condominium president's request for indemnity after a fire should have been denied under the bylaws; and "1982 E. 12th St. Holding LLC v. Lati," where the plaintiff's use of disputed parcel of land failed to establish adverse possession.

  • New York Law Journal | Expert Opinion

    'Frustration' and 'Impossibility': Viable Defenses Amid the Pandemic?

    By Warren A. Estis and Alexander Lycoyannis | December 1, 2020

    As the COVID-19 pandemic and its accompanying economic fallout continue to unfold, commercial tenants have increasingly come to rely on the common law doctrines of impossibility of performance and frustration of purpose as defenses to the nonpayment of rent.

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