New York Law Journal | Expert Opinion
By Scott E. Mollen | September 24, 2019
In his Realty Law Digest, Scott E. Mollen discusses "Dilauro v. Johns," a contracts case where a "time is of the essence" letter providing an additional 20 days was held legally sufficient; "2438 Realty v. Vasquez," dealing with a nuisance holdover proceeding where the tenant was granted discovery as to information and video tapes which would show the alleged misconduct; and "258 E. 4th St. LLP v. Gibbs," where a landlord was awarded possession after the court held it had demonstrated the apartment had been used for the sale of drugs.
New York Law Journal | Expert Opinion
By Scott E. Mollen | September 17, 2019
Scott E. Mollen, a partner at Herrick, Feinstein, discusses a contracts case "Vahdat v. Capdel," a landlord-tenant case "Mayflower Props. v. Pacheco," and a construction law case " Maple Drake Austell Owner v. D.F. Pray Inc."
New York Law Journal | Expert Opinion
By Jeffrey B. Steiner and Scott A. Weinberg | September 17, 2019
In their Real Estate Financing column, Jeffrey Steiner and Scott Weinberg review a recent case, Green Tree Servicing, v. Molini, and how the opinions by the majority and the dissent indicate a certain hesitance in embracing the full import of the Aurora decision which refined the requirements for a lender to assert standing to foreclose.
New York Law Journal | Expert Opinion
By Scott E. Mollen | September 10, 2019
In his Realty Law Digest, Scott E. Mollen discusses "Kuzmich v. 50 Murray St. Acquisition," where the Court of Appeals held that Real Property Tax Law §421-G apartments are not subject to luxury deregulation provisions of the Rent Stabilization Law; and "Paradise v. Wood," where the buyer was entitled to cancel the contract for purchase of a co-op and return of the down payment.
New York Law Journal | Expert Opinion
By Kenneth M. Block and Joshua M. Levy | September 10, 2019
In their Construction Law column, Kenneth Block and Joshua Levy discuss a "third form" of traditional construction management agreements: the cost plus hybrid.
New York Law Journal | Expert Opinion
By Scott E. Mollen is a partner at Herrick, Feinstein. | September 3, 2019
In his Realty Law Digest, Scott E. Mollen discusses the landlord-tenant cases "Fieldstone Capital v. Ryan & Conlon LLP," "56-11 94th St. Co. v. Jara," and "Rockaway One Co. v. Alston," and the foreclosure case "Deutsche Bank Nat'l Trust v. McDonnell."
New York Law Journal | Expert Opinion
By Warren A. Estis and Jeffrey Turkel | September 3, 2019
On June 14, the New York State Legislature enacted the Housing Stability and Tenant Protection Act. Notwithstanding the "philosophical policy debates as to the wisdom of the statute," courts must now go about the "mundane business" of applying the statute to new and pending cases. In their Rent Regulation column, Warren Estis and Jeffrey Turkel discuss some of these recent cases.
New York Law Journal | Expert Opinion
By Scott E. Mollen | August 27, 2019
In his Realty Law Digest, Scott E. Mollen discusses 'St. Christopher's Inc. v. Forgione,' where the court granted seller's motion to dismiss purchaser's counterclaims for, inter alia, breach of contract, fraud in the inducement, and implied covenant of good faith and fair dealing.
New York Law Journal | Expert Opinion
By Ezra Dyckman and Charles S. Nelson | August 27, 2019
There are a number of approaches for owners of rental real estate to monetize low-basis real estate while maintaining tax deferral. One method that can achieve these objectives is a long-term lease with a large initial payment of rent. Section 467 of the Internal Revenue Code generally governs the income tax treatment of leases with prepaid rent. In their Taxation column, Ezra Dyckman and Charles Nelson discuss the pros and cons of Section 467.
New York Law Journal | Expert Opinion
By Scott E. Mollen | August 20, 2019
This week, Scott Mollen discusses "Gerard Fox Law v. Vortex Group," "Olowofela v. Olowofela," and "Board of Mgrs. of 150 E. 72nd St. Condominium v. Vitruvius Estates."
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