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 | Analysis
By Paul A. Rubin and Hanh V. Huynh | October 19, 2022
With the deletion of just a few words from RPAPL §749(3), the 2019 amendment opens the door for tenant-debtors to assume leases even after a pre-bankruptcy warrant of eviction has been issued, without the need for the tenant to first vacate the warrant of eviction.
New York Law Journal | Expert Opinion
By Scott Mollen | October 11, 2022
Scott Mollen discusses "Colgate Inn v. Eberhardt," where the court found that the subject lease granted the Inn owner access to an Inn lessee's records regarding the Inn's transactions, and "2875 W. 8th St. Assoc., L.P. v. Bonomo," where the court allowed a tenant to cure a default with a conditional Yellowstone injunction.
By Jason Grant | October 7, 2022
The Appellate Division, First Department court ruling represents another piece of the heated litigation between the tenant and the building owner, and, in a sense, prominent lawyer Bailey.
New York Law Journal | Analysis
By Efrem Z. Fischer | October 6, 2022
Even with properly drafted written lease agreements, when one party is seeking to get out of the contract, claims of "mistake" will inevitably surface. But what are the limits of these efforts to rescind or reform an agreement based upon mistake?
By Andrew Denney | September 29, 2022
Petitioner, landlord, commenced a licensee holdover proceeding after the tenant of record, Scott Anderson, died and the last renewal lease expired. In…
New York Law Journal | Expert Opinion
By Patricia Kane | September 27, 2022
In this week's Realty Law Digest, Scott Mollen discusses "Miyamoto v. Bank of America," where a reverse mortgagor's lawsuit was only partly dismissed, and the court held that the negligence claim can proceed against Bank of America; and "Mitchell v. Jackson," where non-monetary obligations under the lease were held to sufficiently establish consideration.
New York Law Journal | Expert Opinion
By Anthony S. Guardino | September 27, 2022
Following a decision in late August by the U.S. Court of Appeals for the Second Circuit, three members of the Shinnecock Indian Nation will have the opportunity to challenge state restrictions on their right to fish in Shinnecock Bay.
By Andrew Denney | September 23, 2022
In her new role, Munonyedi "Mun" Clifford will work with other offices at Legal Aid to look for opportunities to go on the offensive and file lawsuits against "unscrupulous landlords," governmental entities and "bad actors" who get in the way of people obtaining affordable housing.
By Sherry Millman and Genna Grossman | September 16, 2022
While there is no clear resolution to the risks imposed to commercial landlords as a result of §502(b)(6), there are avenues to pursue to ensure that the claim cap does not become a claim trap.
New York Law Journal | Expert Opinion
By Scott Mollen | September 13, 2022
Scott Mollen discusses 'West Side Marquis, LLC v. De Jourdan,' where it was held that a newly enacted rent control law supersedes a private agreement between the landlord and tenants; and 'Matter of Obus v. New York State Tax Appeals Tribunal,' where the court held that the petitioners' frequent use of their New York vacation home does not make them state residents.
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