Expert Opinion

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | April 28, 2020

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses a Nassau County commercial landlord-tenant case 'Morton Vill. Realty Co. v. Sleepy's;' a New York County administrative law case '156 W. 15th St. Chelsea LLC v. City of N.Y,' and a Bronx landlord-tenant case 'Fieber Realty LLC v. Zamam.'

  • New York Law Journal | Expert Opinion

    New Statute Eliminating Waiver of Standing Defense Imperils Title Insurance (and Foreclosures)

    By Jason C. Bergman | April 28, 2020

    Jason Bergman discusses RPAPL §1302-a which eliminates waiver of the standing defense in a home loan foreclosure action even though not raised in an answer or pre-answer motion. He notes that title companies have always been uneasy about insuring titles devolving through foreclosures and the new statute only accentuates the risk.

  • New York Law Journal | Analysis|Expert Opinion

    Contracts and Coronavirus: How To Advise Clients

    By Milton Springut | April 28, 2020

    Businesses impacted by the coronavirus shutdown are turning to legal counsel to deal with the fallout. Many want to know how the crisis affects their contractual obligations and whether the crisis might afford them a way out. This article assists counsel in advising business clients about their legal position on such questions.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | April 21, 2020

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Surfair Equities Inc. v. Marin," "6914 Ridge Blvd LLC v. Delao" and " W. 8th St. Assocs. LLC v. Ortiz."

  • New York Law Journal | Expert Opinion

    CARES Act Provisions May Benefit Real Estate Owners

    By Ezra Dyckman and Charles S. Nelson | April 21, 2020

    On March 27, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law. The Act includes many provisions aimed at mitigating the economic impact of the coronavirus outbreak, such as cash rebates to individuals and loans and tax credits to businesses. However, the Act also contains several modifications and technical corrections to the 2017 Tax Cuts and Jobs Act that could significantly benefit real estate owners.

  • New York Law Journal | Expert Opinion

    Hospitality Industry and Covid 19: Where Do We Go From Here?

    By Todd E. Soloway and Bryan T. Mohler | April 14, 2020

    In their Hospitality Law column, Todd Soloway and Bryan Mohler discuss the challenges owners, operators, management companies and franchisors must confront in the face (and wake) of the current pandemic.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | April 14, 2020

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses a partition case, 'Chasewood v. Kay,' and a commercial landlord-tenant case 'Riverdale Realty Dev. v. EJM Rest. Corp.'

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | April 7, 2020

    Scott E. Mollen discusses "361 Broadway Assocs. Holdings v. Morales," where a sponsor was granted summary judgment on a breach of contract claim for the buyer's failure to close, and "Capmar Realty Corp. v. Novak" where the court dismissed the proceeding due to the landlord's failure to comply with 9 NYCRR §2204.3(c) filing deadline.

  • New York Law Journal | Expert Opinion

    Third-Party Tenant Harassment Poses Dilemma For Landlords

    By Adam Leitman Bailey and John Desiderio | April 7, 2020

    New York common law has long shielded landlords from tort liability for intentional injury suffered by one tenant at the hands of another tenant, unless the landlord "has the authority, ability, and opportunity to control the actions of the assailant." However, this shield was recently pierced by the Second Circuit in Francis v. Kings Park Manor, discussed here by Adam Leitman Bailey and John Desiderio.

  • Daily Business Review | Expert Opinion

    Department of Justice, States, SEC Pursue COVID-19 Enforcement Actions

    By Mark P. Schnapp, Matthew S. Chester, Michael E. Clark, Aldo M. Leiva and Joe D. Whitley | April 2, 2020

    A Baker Donelson government enforcement group looks at the building effort targeting COVID-19 scams and virus-related crimes.

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