New York Law Journal | Expert Opinion
By Peter M. Fass | June 14, 2019
In his Real Estate Securities column, Peter Fass discusses the IRS's proposed regulations which provide guidance on the interest deduction limitation rules under §163(j).
New York Law Journal | Expert Opinion
By Scott E. Mollen | June 11, 2019
In his Realty Law Digest, Scott E. Mollen discusses “Segev v. 262 N 9 LLC,” dealing with a condominium boards' right of first refusal, and “Tres Realty LLC v. Yu,” where immigration status was found to be not dispositive in determining a family member's succession rights.
New York Law Journal | Expert Opinion
By John M. Desiderio | June 11, 2019
In the practice of real estate law today, very few legal issues are getting as much attention and at the same time being applied incorrectly by practitioners as anticipatory repudiation (or breach) of contract. In this article, John Desiderio discusses the rules of anticipatory repudiation and attempts to discard the myths and mistruths.
New York Law Journal | Expert Opinion
By Scott E. Mollen | June 4, 2019
In his Realty Law Digest, Scott E. Mollen discusses “Bank of New York Mellon v. Gordon,” where the Appellate Division, Second Department addressed foundation issues involving business records evidence in light of the “unprecedented spike” in foreclosure actions after the 2008 financial crises.
New York Law Journal | Expert Opinion
By Warren A. Estis and Michael E. Feinstein | June 4, 2019
In their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss the recent landmark decision "159 MP Corp. v. Redbridge Bedford," which they conclude has "fundamentally altered Yellowstone jurisprudence in this state."
New York Law Journal | Expert Opinion
By Scott E. Mollen | May 28, 2019
In his Realty Law Digest, Scott E. Mollen discusses three Landlord-Tenant cases: Hernandez-Ortiz v 2 Gold, LLC; Westside Partners v. Ross, and Bedford Oak LLC. v. Hernandez
New York Law Journal | Expert Opinion
By Bruce J. Bergman | May 28, 2019
In his Foreclosure Litigation column, Bruce Bergman discusses the timing issue surrounding a foreclosing plaintiff proceeding to sale and concludes: “It appears that a pre-amendment foreclosure judgment does not require a foreclosure sale within 90 days. While an uncertain or timorous plaintiff might err on the side of caution and seek such an order to avoid any chance of contention, such appears to be unnecessary and wasteful of time and expense.”
New York Law Journal | Expert Opinion
By Scott E. Mollen is a partner at Herrick, Feinstein. | May 21, 2019
In his Realty Law Digest, Scott E. Mollen discusses “Francis v. Kings Park Manor Inc.,” which dealt with a landlord's potential liability for a hostile living environment created by tenant-on-tenant racial discrimination.
New York Law Journal | Expert Opinion
By Anthony S. Guardino | May 21, 2019
In his Zoning and Land Use Planning column, Anthony Guardino discusses "Matter of Save America's Clocks v. City of New York," a decision by the New York Court of Appeals which has immediate practical implications for one particular city landmark—and for the authority of the city's Landmark Preservation Commission over the others.
New York Law Journal | Expert Opinion
By Adrienne B. Koch | May 15, 2019
With New York's rent regulations up for renewal in June, there are several bills in the Legislature that claim to be designed to strengthen tenant protections. Two that appear to have garnered favor with the governor are one that would eliminate vacancy decontrol and another that would limit a landlord's ability to revoke a preferential rent. But might these bills be more trouble than they are worth?
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