Expert Opinion

  • New York Law Journal | Expert Opinion

    Flood And Terrorism Insurance Reauthorization: Safe For Now

    By Jeffrey B. Steiner and Scott A Weinberg | January 14, 2020

    In their Real Estate Financing column, Jeffrey Steiner and Scott Weinberg discuss the passage of the Appropriations Act as an important measure in ensuring that insurance coverages remain available to property owners/borrowers at premiums that they can afford is of utmost importance to the stability of real estate markets, including the lending markets, and the economy at large.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | January 7, 2020

    In his Realty Law Digest, Scott E. Mollen discusses the recent landlord-tenant cases "Maddicks v. Big City Properties," and "Varley v. Elk."

  • New York Law Journal | Expert Opinion

    Housing Discrimination: Navigating the Landscape for Local Govt's

    By Scott J. Kreppein | January 7, 2020

    Scott J. Kreppein discusses the current state of law with respect to racial demographics and housing trends. He writes: "Local governments face potential adverse consequences when they fail to consider the impact of their policies upon protected classes when appropriate or necessary."

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | December 17, 2019

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses "U.S. v. Lax," where the court found the decedent's wife benefitted directly from a sham transactions to shield assets from the IRS. Also discussed is "N.Y.C. Hous. Auth. v. Various Tenants, Number II," and "Zagorski v. Makarewicz."

  • New York Law Journal | Expert Opinion

    Considerations For Ground Rent Reset Provisions

    By Peter E. Fisch and Mitchell L. Berg | December 17, 2019

    In their Transactional Real Estate column, Peter Fisch and Mitchell Berg write: The purpose behind rent reset clauses is simple—to capture any change in the fair market value (and fair market rental value) of the leased property. However, the application of rent reset clauses in practice is anything but simple, and the consequences of such clauses can be significant.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | December 10, 2019

    In his Realty Law Digest, Scott E. Mollen discusses two commercial landlord-tenant cases: "151 Realty LLC v. Alava," and "Milltex Distrib. LLC v. Cameron Stewart Inc," and a foreclosure case: "NYCTL 1998-2 Trust v. Alanis Realty LLC."

  • New York Law Journal | Expert Opinion

    The Intended Consequences of the HSTPA

    By David Hershey-Webb | December 10, 2019

    In his Housing Law column, David Hershey-Webb discusses the benefits for tenants of the new Housing Stability and Protection Act, which he describes as "the strongest rent regulations in decades and a first step in bringing balance back to the rental real estate market." He recognizes, however, that all new laws have "unintended effects" and revisions may have to be made If any of these unintended effects undermine the beneficial intended effects of the new law. 

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen is a partner at Herrick, Feinstein. | December 3, 2019

    In his Realty Law Digest, Scott E. Mollen discusses 'Village Green at Sayville v. Town of Islip,' and 'JJ 201 LLC v. 201 E. 62nd Apt. Corp.'

  • New York Law Journal | Expert Opinion

    HSTPA Applies to Notice of Nonrenewal Predating Effective Date of the Law

    By Warren A. Estis and Michael E. Feinstein | December 3, 2019

    In their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss 'Zagorski v. Makarewicz,' where the court was faced with a question relating to the HSTPA's impact on owners' use proceedings; namely, where the owner served the notice of nonrenewal on the tenant before the effective date of the HSTPA, are the requirements of the HSTPA applicable to such a notice?

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen is a partner at Herrick, Feinstein. | November 26, 2019

    In his Realty Law Digest, Scott E. Mollen discusses two commercial landlord-tenant decisions: "Aerotek, Inc., Teksystems, Inc. v. MEPT 757 Third Avenue," and "St. Luke's-Roosevelt Hosp. v. Westside Radiology Assocs.," and a residential landlord-tenant decision "People's Home Improvement v. Kindig."

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