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 Anthony S. Guardino | November 26, 2019
Courts typically defer to a local zoning board's decision on an application for an area variance—as long as the board has considered and weighed all of the required factors.
New York Law Journal | Expert Opinion
By Scott E. Mollen | November 19, 2019
In his Realty Law Digest, Scott E. Mollen discusses two Landlord-Tenant cases: 'Dugan v. London Terrace Gardens,' and 'N.Y.C. Hous. Auth. v. Jones Jr.'
New York Law Journal | Expert Opinion
By Jeffrey B. Steiner and David Broderick | November 19, 2019
In their Real Estate Financing column, Jeffrey Steiner and David Broderick focus on a case highlighting issues related to guarantor full recourse liability due to breaches of the voluntary lien, transfer and indebtedness carve-outs.
New York Law Journal | Expert Opinion
By Robert A. Schwinger | November 19, 2019
In his Blockchain Law column, Robert Schwinger discusses two recent California federal court rulings—'Terpin v. AT&T' and 'Fabian v. LeMahieu'—which indicate that the ability of negligence claims involving cryptocurrency thefts to survive dismissal at the pleading stage will turn on the plaintiff's ability to adequately plead the elements of a negligence claim: duty, breach, causation and damages.
New York Law Journal | Expert Opinion
By Scott E. Mollen | November 12, 2019
In his Realty Law Digest, Scott E. Mollen discusses "Fresh Air for the Eastside Inc. v. Waste Management of New York," where the plaintiffs plausibly alleged that a landfill's emissions were more than a mere annoyance; and "Garrasi v. Selene Finance," where a borrowers' assignee was found not to be a "borrower" for purposes of standing to bring a RESPA claim.
New York Law Journal | Expert Opinion
By Kenneth M. Block and Joshua M. Levy | November 12, 2019
In their Construction Law column, Kenneth Block and Joshua Levy write: It is common in most construction contracts for there to be a mutual waiver of consequential damages. Owners, however, should take caution before agreeing to provide a broad unqualified waiver to contractors.
New York Law Journal | Expert Opinion
By Scott E. Mollen | November 5, 2019
In his Realty Law Digest, Scott E. Mollen discusses 'Mill Street Partners v. City of Newburgh, where a developer plausibly alleged that racial animus was the major factor in opposition to the project; and 'Booston v. 36 W. Realty Co.,' where the court denied a 'Yellowstone' Injunction based on the tenant's breach of the lease being found incurable.
New York Law Journal | Expert Opinion
By Warren A. Estis and Jeffrey Turkel | November 5, 2019
In their Rent Regulation column, Warren Estis and Jeffrey Turkel discuss recent succession cases including 'CBU Assocs., Inc. v. Forray,' where the First Department, Appellate Term observed that an occupant, through a "persistent and systematic pattern of deception," can waive succession rights. They note that the rule in the Second Department is "somewhat more tenant-friendly."
New York Law Journal | Expert Opinion
By Scott E. Mollen is a partner at Herrick, Feinstein. | October 29, 2019
In his Realty Law Digest, Scott E. Mollen discusses "Bd. of Managers, 28 Cliff St. Condo v. Maguire;" "Bay Sun Realty Inc. v. Li," and "Westchester Plaza Holdings v. Sherwood."
New York Law Journal | Expert Opinion
By Todd E. Soloway and Bryan T. Mohler | October 29, 2019
Todd Soloway and Bryan Mohler explore the common forms of debt financing, and the particular considerations and legal issues involved when a lender seeks to foreclose.
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