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 Dov Treiman | August 20, 2019
Dov Treiman discusses 'Krodel v. Amalgamated Dwellings,' a recent decision of the Appellate Division, First Department, which "inspires us to re-examine New York’s doctrine about recovering attorney fees in litigation."
New York Law Journal | Expert Opinion
By Scott E. Mollen | August 13, 2019
In his Realty Law Digest, Scott E. Mollen discusses two landlord-tenant cases: ‘699 Venture Corp. v. Zuniga,’ and ‘Edelstein LLC v. Connelly.’
New York Law Journal | Expert Opinion
By Peter E. Fisch and Mitchell L. Berg | August 13, 2019
In their Transactional Real Estate column, Peter Fisch and Mitchell Berg discuss the use of the “crystallized carry structure” in real estate joint ventures.
New York Law Journal | Expert Opinion
By Warren A. Estis and Michael E. Feinstein | August 6, 2019
In their Landlord Tenant column, Warren Estis and Michael Feinstein discuss “255 Butler Associates, LLC v. 255 Butler, LLC,” a "highly unusual case" where, despite the clear rule stating that an application for Yellowstone relief must be made “prior to the expiration of the cure period set forth in the lease and the landlord’s notice to cure,” the Appellate Division, Second Department upheld the Supreme Court’s granting of a Yellowstone motion which had been made after the expiration of the cure period in the notice to cure.
New York Law Journal | Expert Opinion
By Scott E. Mollen | August 6, 2019
In his Realty Law Digest, Scott E. Mollen discusses ‘Matter of AIH Group v. C.J.F. & Sons,’ which is of interest because the decision stated the conditions necessary to protect an adjoining property owner and many of these disputes—which have become very common in New York City—are resolved through negotiated agreements not available to the public. He also discusses the Landlord-Tenant case ‘186 Norfolk LLC v. Euvin,’ where the court denied an occupant’s claim for succession; and 'Matter of Greentree Found. v. Mammin,’ where it was found that a board of zoning appeals improperly based its decision on submissions that were not provided to the petitioner.
New York Law Journal | Expert Opinion
By Scott E. Mollen | July 30, 2019
In his Realty Law Digest, Scott Mollen discusses "DiLorenzo v. Windermere Owners," a case of interest because even with the recently enacted rent legislation which permits rent increases based on individual apartment improvements, parties, lawyers and courts will still need to address issues involving the burden of proof, evidence and appellate review.
New York Law Journal | Expert Opinion
By Bruce J. Bergman | July 30, 2019
In his Foreclosure Litigation column, Bruce Bergman explains that although foreclosure discontinuance motions without prejudice are granted in an “overwhelming number of instances,” it remains in the court's discretion. Thus, if damage or prejudice to a defendant might result, discontinuance may be denied.
New York Law Journal | Expert Opinion
By Scott E. Mollen is a partner at Herrick, Feinstein. | July 23, 2019
In his Realty Law Digest, Scott E. Mollen discusses “Omega SA v. 375 Canal,” a “novel” case where a watchmaker was awarded $1.1 million in damages against its landlord based on the landlord's contributory trademark infringement, and “Matter of C&B Realty #3, where the BZA's denial of an off-street parking variance was annulled for lack of substantiated evidence.
New York Law Journal | Expert Opinion
By Anthony S. Guardino | July 23, 2019
In his Zoning and Land Use Planning column, Anthony Guardino discusses "Knick v. Township of Scott, Pennsylvania," where the U.S. Supreme Court, overruling its own decision from 1985, has decided that a takings claim against a state or local government can be heard in federal court as soon as property is taken—even if there is a procedure available to determine the amount of compensation payable to the property owner.
New York Law Journal | Expert Opinion
By Scott E. Mollen | July 16, 2019
In his Realty Law Digest, Scott E. Mollen discusses four landlord-tenant cases: “Warren LLC v. BBQ Chicken Don Alex Inc.," “425 W. 153rd St. HDFC v. Brown,” “Sudimac v. Beck,” and “472-476 Columbus Ave. LLC v. Kretzu.”
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