New York Law Journal | Expert Opinion
By Scott E. Mollen | May 14, 2019
In his Realty Law Digest, Scott E. Mollen discusses three landlord-tenant cases: “Kostro v. NYS Div. of Housing and Community Renewal,” “BPP ST Owner LLC v Nichols,” and “711 Seagirt Ave. Holdings v. Harris.”
New York Law Journal | Expert Opinion
By Jeffrey B. Steiner and Dino Fazlibegu | May 14, 2019
In their Real Estate Financing column, Jeffrey Steiner and Dino Fazlibegu discuss the recent First Department Appellate Division decision Sutton 58 Associations LLC v. Philip Pilevsky, which “engendered a good deal of alarm in the New York commercial real estate lending community as more than a few worried that the decision would deprive lenders of the protections afforded to them by having special purpose bankruptcy remote and single asset borrowers.”
New York Law Journal | Analysis|Expert Opinion
By Jerry H. Goldfeder and Myrna Pérez | May 9, 2019
In their Government and Election Law column, Jerry H. Goldfeder and Myrna Pérez note that Albany has taken some “exciting steps at reforming New York's election laws,” however two critical reforms remain to be passed: Automatic Voter Registration (AVR), and rights restoration for all citizens living in the community with convictions in their past.
New York Law Journal | Expert Opinion
By Scott E. Mollen | May 7, 2019
Scott E. Mollen, a partner at Herrick, Feinstein, discusses “Bank of New York Mellon v. Dieudonne,” a case of first impression where the court held that de-acceleration of debt maturity is not a condition precedent to the acceleration of the mortgage, and “14th St. Owner LLC v. Westside Donut 6th Ave. Ventures LLC,” where the court held that a defendant that vacates the premises unilaterally and without consent continues to owe rent.
New York Law Journal | Expert Opinion
By Peter E. Fisch and Mitchell L. Berg | May 7, 2019
On April 5, 2019, the Treasury Priority Guidance Plan for 2019 announced that the Treasury would prioritize the issuance of final regulations concerning partnership recourse liabilities, including bottom dollar payment obligations. In their Transactional Real Estate column, Peter Fisch and Mitchell Berg discuss the implications on real estate investors, including the “unlikely case” that final regulations are not issued.
New York Law Journal | Expert Opinion
By Alan Feigenbaum | May 7, 2019
Unique challenges abound when parents involved in contested matrimonial litigation live under the same roof while the divorce action is pending. This article discusses the standard used for the remedy known as “exclusive use and occupancy” of the marital home while a divorce action is pending.
New York Law Journal | Expert Opinion
By Elkan Abramowitz and Jonathan Sack | May 6, 2019
In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack discuss the college admissions scandal in the context of "Kotteakos v. United States," which held that a conspiracy requires interdependence among its members.
New York Law Journal | Expert Opinion
By Anthony E. Davis and Steven M. Puiszis | May 3, 2019
Continuing a discussion they started in an earlier article, Professional Responsibility columnists Anthony Davis and Steven Puiszis discuss additional areas that require technological competence: social media; electronic discovery; technology used by clients to build products or offer services, and technology used to present information in court.
New York Law Journal | Expert Opinion
By Scott E. Mollen | April 23, 2019
In his Realty Law Digest, Scott E. Mollen discusses “John T Walsh Enterprises LLC v. Grace Christian Church,” where the court cites Religious Corporations Law §12(9) to find a mortgage invalid.
New York Law Journal | Expert Opinion
By Geoffrey A. Mort | April 17, 2019
Lawyers who are used to litigating their cases in federal court—and are comfortable with attempting to dispose of the great majority of them through summary judgment or, to a lesser extent, motions to dismiss—have sought to use dispositive motions as a primary tool in arbitrations.
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