Law Offices of Gary Martin Hays & Associates
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Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Analysis
By Jeffrey B. Steiner and Dino Fazlibegu | September 18, 2018
In their Financing column, Jeffrey Steiner and Dino Fazlibegu warn attorneys representing mortgage lenders to be careful drafting loan documents to avoid their client's mortgage being primed by another mortgage. They use the case 'JPMorgan Chase Bank v. Zhan Hua Cao' as an example that there is no substitute for careful review of the details.
By Scott E. Mollen | September 11, 2018
Scott E. Mollen, a partner at Herrick, Feinstein, discusses two landlord-tenant cases: “Park N. Realty v. Cheik,” where the court dismissed a claim for possessory judgment based on laches, and “Matter of Sung v. Jiha,” where tenants defeated NYC Department of Finance's effort to recoup DRIE credits.
By Patricia Kane | September 11, 2018
In their Construction Law column, Kenneth M. Block and Joshua M. Levy advise against the use of performance bonds, writing: The performance bond is for the benefit of the owner and, theoretically, allows the owner to make claims on the bond if the contractor defaults and recover its damages for nonperformance. We say “theoretically” because the performance bond portion of the A312 is so full of conditions and traps for the unwary owner that it may be of little value.
New York Law Journal | Analysis
By Philip J. Michaels and Jason A. Lederman | September 7, 2018
The Tax Cuts and Jobs Act of 2018 made many considerable changes, especially in the context of arranging the lifetime structural aspects, as well as planning the estates, of real estate investors and developers. In terms of allocating wealth between assets, these changes have, arguably, tipped the scales in favor of real estate over other classes of assets. This article covers factor to be considered in estate planning with real estate interests.
New York Law Journal | Analysis
By David Cohen and Kelly D. Schneid | September 7, 2018
Once negotiations prove fruitless or circumstances indicate that the neighbors do not intend on granting access on fair terms within a reasonable time frame, property owners can and should proceed to litigation.
By Scott E. Mollen | September 4, 2018
Scott E. Mollen, a partner at Herrick, Feinstein, discusses two commercial landlord-tenant cases: “325 E. 14th St. Corp. v. Marie France Realty,” where neither party was a “prevailing party”; and “D'Jesus Rest. Corp. v. 1133 Boston Rd. LLC,” where the court held that the landlord did not tortiously interfered with tenant's sale of her restaurant.
By Warren A. Estis and Jeffrey Turkel | September 4, 2018
Sometimes a landlord and a tenant agree that the tenant will move from one apartment in a building to another. In their Landlord-Tenant column, Warren Estis and Jeffrey Turkel examine the questions: (1) If the tenant is rent controlled, can she take that status with her, even though the new apartment cannot be rent controlled by law? And, (2) if the tenant is stabilized and moves into a deregulated unit, has he forfeited his stabilized status?
New York Law Journal | Expert Opinion
By Eva Talel | September 4, 2018
This column features an important recent decision by the Supreme Court, New York County, regarding who has the exclusive right to use a building's rooftop, and succinctly summarizing current law on when directors may be held personally liable for board actions.
By Scott E. Mollen | August 28, 2018
Scott E. Mollen, a partner at Herrick, Feinstein, discusses 'Pastreich v. Pastreich,' where the plaintiff was required to pay a “modest shortfall” in addition to substituted properties to a trust in order to regain title to a building, and 'Rosen Associates v. Suburban Props.' where the court held that a real estate broker was not entitled to commission on a lease with which it was not involved.
By Menachem J. Kastner and Ally Hack | August 28, 2018
In their Commercial Real Estate column, Menachem J. Kastner and Ally Hack focus on the early termination provision, guiding the practitioner through the pitfalls of a poorly drafted early termination provision, and advise how to craft a proper and effective one.
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