New York Law Journal | Analysis
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
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
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
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?
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
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
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.
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
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
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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