Real Estate

  • New York Law Journal | Analysis

    Pay When Paid, Limits and Limitations

    By Adam Leitman Bailey and Dov Treiman | October 9, 2018

    Adam Leitman Bailey and Dov Treiman discuss “Pay-if-Paid” clauses in construction contracts and write: “Like many jurisdictions across the United States, New York outlaws Pay-If-Paid clauses, but, in New York's case, only indirectly.”

  • New York Law Journal | Q&A

    Litigation Department of the Year, Real Estate: Rosenberg & Estis

    By Susan DeSantis | October 3, 2018

    Most notable was our win at the Court of Appeals in 'Altman v 285 West Fourth LLC', one of the most closely-watched cases in the real estate industry over the past several years.

  • New York Law Journal | Analysis

    The Tax Cuts and Jobs Act—Qualified Opportunity Zones

    By Peter M. Fass | October 2, 2018

    In his Real Estate Securities column, Peter M. Fass writes: The qualified opportunity zone can provide significant tax savings to taxpayers selling appreciated property, including both real property and other asset classes, as well as provide investment capital to spur economic development in distressed areas.

  • New York Law Journal | Analysis

    Realty Law Digest

    By Scott E. Mollen | October 2, 2018

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses the adverse possession case “Yee v. Panousopoulos,” the landlord-tenant case, “Matter of Tejada,” and the foreclosure case “Courchevel 1850 LLC v. Stern.”

  • New York Law Journal | Analysis

    Nonpayment Proceedings: The “Stale Rent” Defense

    By Warren A. Estis and Michael E. Feinstein | October 2, 2018

    In their Landlord/Tenant column, Warren Estis and Michael Feinstein discuss Webster Ave. Holdings v. Pough, a case which “stands as a reminder that landlords must be diligent in enforcing their rights under the lease to collect rent arrears, and that delays in commencing a proceeding could provide the tenant with a “stale rent” defense.”

  • New York Law Journal | News

    Group's Lawsuit Challenging 'Unfair' NYC Property Tax System Survives Motion to Dismiss

    By Andrew Denney | September 26, 2018

    New York state and New York City can't shake a legal challenge from a group of property owners and renters who say the city's property tax system gives wealthy residents a break on their taxes while placing an unfair burden on those of modest means.

  • New York Law Journal | Analysis

    Realty Law Digest

    By Scott E. Mollen | September 25, 2018

     Scott E. Mollen, a partner at Herrick, Feinstein, discusses 'Matter of Stahl York Ave. Co. v. City of New York,' where it was held that a buildings' inclusion in FAE landmark designation was not an unconstitutional taking.

  • New York Law Journal | Analysis

    Strict Compliance with SEQRA: A Mandate Courts Enforce

    By Anthony S. Guardino | September 25, 2018

    In his Zoning and Land Use Planning column, Anthony Guardino explains the essential features of SEQRA, reviews a recent case that illustrates the risks of failing to strictly comply with SEQRA's requirements, and concludes by reiterating the importance of literal compliance with this law.

  • New York Law Journal | News

    NYC, Targeting Vacant 'Zombie' Properties, Files Suit Against Lenders Including Wells Fargo, Citi

    By Andrew Denney | September 20, 2018

    Empowered by a recently enacted state law, the New York City government is stepping up enforcement on so-called “zombie properties,” vacant homes that are underwater on their mortgages, and has filed lawsuits against lenders holding onto five such properties in Brooklyn.

  • New York Law Journal | Analysis

    Realty Law Digest

    By Scott E. Mollen | September 18, 2018

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses 'Sanjana v. King,' where the sellers were entitled to keep the deposit where the buyers failed to obtain a mortgage commitment and timely cancel the contract; '230 E. 48th St. LLC v. Campisi,' where the court found that by renting her stabilized apartment through Airbnb, the tenant “commercialized her apartment” and treated it as a de facto hotel; and 'E. Midtown Plaza Hous. Co. v. Gamble,' where the landlord established entitlement to summary judgment of possession of the subject apartment based on illegal use of the premises.

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