New York Law Journal | Expert Opinion
By Scott E. Mollen | June 2, 2020
Scott Mollen discusses "CIT Bank N.A. v. Schiffman," where a challenge to a bank's foreclosure notice and filing led to questions to the state's high court.
New York Law Journal | Expert Opinion
By Warren A. Estis and Alexander Lycoyannis | June 2, 2020
In their Landlord Tenant column, Warren Estis and Alexander Lycoyannis discuss a new law added to the New York City Administrative Code which purports to temporarily suspend personal guaranty provisions contained in commercial leases.
New York Law Journal | Expert Opinion
By Scott E. Mollen is a partner at Herrick, Feinstein. | May 26, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "4 BAB LLC v. Beacon Health Options Inc," where the court dismissed breach claim where the subject amendment did not negate the lease's early termination rights.
New York Law Journal | Expert Opinion
By Anthony S. Guardino | May 26, 2020
The pandemic continues to affect construction throughout the state, as well as everything from applications for building permits and land use approvals to public hearings and related litigation.
New York Law Journal | Expert Opinion
By Scott E. Mollen | May 19, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Matter of Watson, U.S. Bankruptcy Court," where the landlord was found not subject to a code provision barring eviction for nonpayment of discharged rent, and "159 W. 23rd LLC v. Spa Ciel De NY Corp.," where the landlord was granted summary judgment of possession for the tenant's incurable insurance defaults.
New York Law Journal | Expert Opinion
By Jeffrey B. Steiner and Scott A. Weinberg | May 19, 2020
In their Real Estate Financing column, Jeffrey Steiner and Scott Weinberg write: In the current economic climate, created in large part by the Covid-19 virus, many borrowers are facing challenges and approaching their lenders with loan modification requests. In handling the large number of such requests, it is important for lenders and servicers to remember to exercise caution in their communications with these borrowers to avoid potential liability for negligence.
New York Law Journal | Expert Opinion
By Scott E. Mollen | May 12, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses three landlord-tenant cases: "25 CPW City Views LLC v. Cohen," "West 30th Realty LLC v. Castaldo," and " Robertson v. Jones."
New York Law Journal | Analysis|Expert Opinion
By Marc A. Lieberstein | May 8, 2020
In his Franchising column, Marc Lieberstein discusses what effect the current COVID‑19 pandemic is having on franchising and what the future will look like afterwards.
New York Law Journal | Expert Opinion
By Scott E. Mollen | May 5, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "City of N.Y. v. Tominovic," " Matter of Callen v. New York City Loft Board," and " CIT Bank N.A. v. Donnatin."
New York Law Journal | Expert Opinion
By Warren A. Estis and Jeffrey Turkel | May 5, 2020
On April 2, the Court of Appeals issued its landmark decision in Regina Metropolitan Co. v. New York State Div. of Hous. & Community Renewal where it held that retroactive application of Part F of the 2019 HSTPA violated the Due Process Clause of the U.S. Constitution. The majority and dissenting opinions are not easily summarized, however, in this article, Warren Estis and Jeffrey Turkel explain what the majority did, and did not, primarily hold.
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