By Colby Hamilton | January 24, 2019
The federal judge took Gaia Holdings to task for its late attempts to get a slice of the multimillion dollar settlement of Bank of America's actions ahead of the burst of the housing bubble.
New York Law Journal | Commentary
By David Reiss, Areeb Been Khan, Robert Levy and Juliana Malandro | January 24, 2019
The New York City Council is considering a bill, the Small Business Jobs Survival Act, that it claims will protect small businesses even though the Act contains no protections tailored to them. Instead, the Act would implement a new lease renewal arbitration system that treats all commercial tenancies the same, allowing businesses as large as Amazon to benefit.
New York Law Journal | Expert Opinion
By Scott E. Mollen | January 22, 2019
Scott E. Mollen, a partner at Herrick, Feinstein, discusses “225 Huguenot St. Corp. v. Rwechungura,” and “de Socio v. 136 E. 56th St. Owners.”
New York Law Journal | Analysis
By Anthony S. Guardino | January 22, 2019
Local governments often impose fees of one kind or another on property owners or developers in connection with their requests for the approvals they need to be able to develop their property. In his Zoning and Land Use Planning column, Anthony Guardino discusses the standard that New York courts use when evaluating the propriety of those fees.
New York Law Journal | Analysis|Expert Opinion
By E. Leo Milonas and Andrew C. Smith | January 17, 2019
In their Appellate Division Review, E. Leo Milonas and Andrew Smith discuss recent decisions from the Appellate Divisions, including the recent Second Department decision “People ex rel. Wells v. DeMarco,” which held that state and local law enforcement officers lack authority under New York law to effect arrests for violations of federal civil immigration violations.
New York Law Journal | Expert Opinion
By Scott E. Mollen | January 15, 2019
Scott E. Mollen, a partner at Herrick, Feinstein, discusses “Vizel v. Vitale,” where a lease option to renew was found to be missing an essential element and therefore was held void and unenforceable; and “ABJ Milano LLC v. Howell,” where the respondent was determined to be a rent-stabilized tenant, not a licensee.
New York Law Journal | Expert Opinion
By Jeffrey B. Steiner and Dino Fazlibegu | January 15, 2019
In their Real Estate Financing column, Jeffrey B. Steiner and Dino Fazlibegu predict that as a result of Proposed Regulations which address certain issues associated with acquisitions of real property located in “qualified opportunity zones,” commercial mortgage lenders should see an increase in loan applications related to properties located in low-income areas as investors endeavor to take advantage of associated tax benefits.
By Scott Flaherty | January 11, 2019
David Boies has sold his Sherry-Netherland apartment for $13.6 million.
By Todd E. Soloway and Michelle Pham | January 8, 2019
In their Hospitality Law column, Todd E. Soloway and Michelle Pham continue their two-part series discussing some of the most pertinent issues arising in hospitality M&A transactions.
New York Law Journal | Analysis
By Scott E. Mollen | January 8, 2019
Scott E. Mollen, a partner at Herrick, Feinstein, discusses three landlord-tenant cases: 'U.S. v. 111 E. 88th Partners,' involving an apartment building's no-dog rule where the landlord's attorney was seen as a co-decisionmaker as to permission for the tenant to have a support dog thus waving the privilege; 'Cashew Holdings v. Thorpe-Poyser,' where the court held the landlord may not collect rent when the building lacked a certificate of occupancy, and 'WFCC Realty v. Lin,' where it was held that landlords must still establish substantial rehabilitation by adequate documentation even though such requirements were relaxed under DHCR's Operational Bulletin 95-2.
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