New York Law Journal | Expert Opinion
By Scott E. Mollen | October 22, 2019
In his Realty Law Digest, Scott E. Mollen discusses two landlord-tenant cases — 'Yeshiva Chanoch Lenaar v. Lubavitch,' and 'Che v. Sun.'
New York Law Journal | Expert Opinion
By Ezra Dyckman and Charles S. Nelson | October 22, 2019
In their Taxation column, Ezra Dyckman and Charles Nelson discuss 'Lipnick v. Commissioner,' a recent opinion issued by the U.S. Tax Court which clarifies how the interest characterization rules work in the context of partnerships that have made debt-financed distributions to their partners.
New York Law Journal | Expert Opinion
By Bruce J. Bergman | October 15, 2019
In his Foreclosure Litigation column, Bruce Bergman discusses a "savings provision" contained in CPLR §205 which has received a helpful liberal interpretation by the Court of Appeals which permits a dismissed action to be initiated anew even though the statute of limitations had otherwise expired. This has the potential to avoid the anomaly of a defaulting borrower otherwise entitled to retain mortgage proceeds with no remedy for the lender.
New York Law Journal | Expert Opinion
By Scott E. Mollen | October 15, 2019
In his Realty Law Digest, Scott E. Mollen discusses 'Akasa Holdings v. 214 Lafayette House,' 'Fried v. Galindo,' '400 E58 Owner LLC v. Hernson,' and 'Inwood Land Holdings Inc. v. State of N.Y.'
New York Law Journal | Expert Opinion
By Scott E. Mollen | October 8, 2019
In his Realty Law Digest, Scott E. Mollen discusses De La Fuente v. The Sherry Netherland Inc. where the buyer failed to show the co-op rejected his application to purchase a cooperative apartment because he is Mexican-American.
New York Law Journal | Expert Opinion
By Adam Leitman Bailey and Dov Treiman | October 8, 2019
Adam Leitman Bailey and Dov Treiman discuss the "Housing Stability and Tenant Protection Act of 2019," signed into law by the governor on June 14, which sent New York landlords "reeling."
New York Law Journal | Expert Opinion
By Scott E. Mollen | October 1, 2019
In his Realty Law Digest, Scott Mollen discusses "Feliciano v. CoreLogic Rental Property Solutions," where the court certified a class in a suit over credit report errors as to housing court case status.
New York Law Journal | Expert Opinion
By Warren A. Estis and Michael E. Feinstein | October 1, 2019
In their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss 'Fried v. Galindo,' where the court ruled that the Housing Stability and Tenant Protection Act of 2019 (HSTPA) applies to a pending owner's use proceeding.
New York Law Journal | Expert Opinion
By John Fellas | September 24, 2019
In his International Arbitration column, John Fellas asks: As long as an arbitrator does nothing that creates a successful basis to challenge an award, is she permitted to ask any question, even one she knows in advance is likely to assist one party and hurt the other?
New York Law Journal | Expert Opinion
By Anthony S. Guardino | September 24, 2019
Although use variances are recognized under New York law, courts rarely uphold decisions to grant them – and rarely reverse decisions denying them. Property owners should carefully weigh the costs of applying for a use variance against the high probability that they ultimately may not be successful.
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