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
By Scott Mollen | September 12, 2023
Scott Mollen discusses "Cucs W. 127th Street LLC v. Ebstessam Eshaq," Where an eviction proceeding on a 'hoarder' tenant was dismissed, and "River Place II, LLC v. Daniel C. Hurd," a nuisance holdover proceeding where a "no-cure" provision of a stipulation was held to be void against public policy.
New York Law Journal | Analysis
By Nativ Winiarsky | September 6, 2023
It has long been understood that if a building which is a multiple dwelling does not have a certificate of occupancy, the owner may not maintain a non-payment proceeding for the recovery of rent. Despite the seeming clarity of the rule, issues concerning a lack of this certificate have spawned considerable litigation, often leading to a surprising number of disparate and conflicting results.
By Scott Mollen | August 22, 2023
Scott Mollen discusses "301 E. 60th St. LLC v. Competitive Solutions LLC," where the issue was whether a contract pertaining to the sale of inclusionary air rights can be subject to specific performance, and "Dahl v. Prince Holdings 2012 LLC," where the landlord was granted use and occupancy.
By Scott Mollen | August 15, 2023
Scott Mollen discusses "Egger's Original Ice Cream Inc. v. Staten Island Historical Soc'y Inc." where a tenant ice cream parlor was granted a Yellowstone Injunction, tolling the time to cure its alleged defaults.
By Scott Mollen | August 8, 2023
Scott Mollen discusses "Adler Holdings II LLC v. Jill Stuart Intl. LLC," where both the tenant and guarantor were held liable for rent, and the tenant failed to leave the premises "broom clean," and "Wise v. 1614 Madison Partners," dealing with an overcharge claim in a building which received 421-a tax benefits.
By Gary M. Rosenberg and Ethan R. Cohen | August 1, 2023
The Legislature, in reaction to recent court decisions, has made a belated effort to retroactively redefine "fraud" in the context of pre-HSTPA claims, passing a bill that would effectively deem any past violation of any law or duty by a landlord to constitute fraud.
By Scott Mollen | July 25, 2023
Scott Mollen discusses "Rosner v. Caputo," and "CAC Atl. LLC v. Harmon Stores."
By Scott Mollen | July 18, 2023
Scott Mollen discusses "Mansion Realty LLC v. 656 7th Ave. Gym LLC," and "Bank of NY Mellon Trust Co. NA v. Hendrickson."
By Scott Mollen | July 3, 2023
Scott Mollen discusses "1710 Owners Corp. v. Sussman," and Matter of 875 E. 35th St. Mgt. LLC v. Cole."
By Peter E. Fisch and Salvatore Gogliormella | July 3, 2023
In 2019, New York City enacted Local Law 97 aimed at combatting the threat of climate change. This article looks at how implementation of the law effects New York City commercial buildings including changes in the way buildings are constructed, operated, and leased.
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