Expert Opinion

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    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

    My Liabilities are My Greatest Assets: Tax Court Decision in 'Lipnick v. Commissioner'

    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

    Liberal View Allowing Action Anew Barred by Statute of Limitations

    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

    Realty Law Digest

    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

    Realty Law Digest

    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

    Deregulation Under the New Rent Laws

    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

    Realty Law Digest

    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

    HSTPA'S Impact on Owner's Proceeding

    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

    Arbitrators' Questions: Can They Cross a Line?

    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

    What's the Use of Applying for Use Variances?

    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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