Real Estate

  • New York Law Journal | Analysis

    Realty Law Digest

    By Scott E. Mollen | December 18, 2018

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses “Board of Managers of 184 Thompson Street Condominium v. 184 Thompson Street Owner,” a condominium conversion case involving the adequacy of a reserve fund; and “Matter of Partman v. NYSDHCR,” where the tenant was granted reversal of DHCR's decision granting owner MCI rent increases.

  • New York Law Journal | Analysis

    The Cat Is Out of the Bag: Elimination of Interest Slams Lenders Again

    By Bruce J. Bergman | December 18, 2018

    In his Mortgage Foreclosure column, Bruce Bergman warns of the severe consequence potentially facing lenders who unduly delay the foreclosure action: elimination of interest for the period of delay. 

  • New York Law Journal | Analysis

    Thinking About Challenging a Condemnation in New York? Good Luck!

    By Michael Rikon | December 17, 2018

    In his Condemnation and Tax Certiorari column, Michael Rikon discusses condemnation challenges, writing: A petitioner will find it extremely difficult to prevail and have a petition granted to reject the condemnor's Determination and Findings. If an adequate basis for determination is shown and the objector cannot show that the determination was without foundation, the agency's determination will be confirmed.

  • New York Law Journal | Analysis

    When a Sex Offender Moves In

    By Steven Sladkus and Milad Boddoohi | December 13, 2018

    What, if anything, is the obligation of a board of a condominium or cooperative when a convicted sex offender moves in?

  • New York Law Journal | News

    Appeals Court Won't Void Real Estate Contracts Despite No 'Corporate Formalities'

    By Jason Grant | December 12, 2018

    Summary judgment rescinding the sales was precluded, in part, the panel said, because there were triable issues regarding whether Business Corporation Law §909(a) applied to the circumstances surrounding the company's sales.

  • New York Law Journal | Analysis

    Realty Law Digest

    By Scott E. Mollen | December 11, 2018

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses “Matter of Real Estate Bd. of N.Y. v. City of New York,” where the court upheld NY Local law No. 50 which limits conversions of some Manhattan hotels, and “560-568 Audubon Tenants Ass'n v. 560-568 Audubon Realty,” where the court found DHCR better suited to resolve overcharge rent regulation claims.

  • New York Law Journal | Analysis

    New Rules of Substantial Rehabilitation to Remove Units from Rent Regulation

    By Adam Leitman Bailey and Dov Treiman | December 11, 2018

    In their Real Estate Trends column, Adam Leitman Bailey and Dov Treiman discuss a pair of new decisions from the Appellate Term, First Department which have toughened the standards under which a landlord may claim a substantial rehabilitation exemption from rent stabilization, the effect of which may be to bring back into stabilization many buildings whose owners believed in good faith that their buildings were not regulated.

  • New York Law Journal | News

    Prominent Foreclosure Firm Settles Fannie Mae Fraud Charges

    By Colby Hamilton | December 4, 2018

    Rosicki, Rosicki & Associates agreed to pay more than $4 million to the government to settle charges it defrauded federal housing programs in the wake of the housing crisis.

  • New York Law Journal | Analysis

    Realty Law Digest

    By Scott E. Mollen | December 4, 2018

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses “Via Port New York v. Sears,” where the court held that Sears did not breach its lease terms or contract when it closed its mall store; and “Forest Enter. Mgmt. Inc. v. The county of Warren,” an eminent domain action, where the county incurred an independent obligation to pay just compensation.

  • New York Law Journal | Analysis

    Stipulations of Settlement: Not Always Final and Binding

    By Patricia Kane | December 4, 2018

    In their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss the case 'Help Social Services v. John,' which they describe as a "cautionary reminder that, particularly when dealing with pro se tenants, stipulations of settlement may ultimately not be enforced, and may not accomplish the goal of finality which had hoped to be achieved."

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