Real Estate

  • New York Law Journal

    Realty Law Digest

    By Scott E. Mollen | February 13, 2018

    Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “92 Cooper Assn. v. Roughton-Hester,” "BR 31 LLC v. Landess," and "Matter of New Creek Bluebelt, Phase 3, Baycrest Manor Inc. v. City of New York."

  • New York Law Journal

    The Perishable Agricultural Commodities Act

    By Peter E. Fisch and Mitchell L. Berg | February 13, 2018

    In their Transactional Real Estate column, Peter E. Fisch and Mitchell L. Berg discuss the Perishable Agricultural Commodities Act (PACA) which was enacted to protect the interests of suppliers and sellers of perishable agricultural commodities and write that while it would appear to have little relevance to real estate transactions, it has become a matter of some concern to lenders and title insurance companies who are often concerned that when the borrower is an entity subject to PACA, the PACA trust will effectively create a superpriority lien against real property that could prime a recorded mortgage lien.

  • New York Law Journal | Letter to the Editor

    Article Selectively Quotes From Maddicks v. Big City Realty

    By Lucas A. Ferrara | February 7, 2018

    A recent column on the dismissal of 'Maddicks v. Big City Realty', for failure to establish the CPLR 901(a) prerequisites of commonality and superiority is misleading in several respects.

  • New York Law Journal

    Realty Law Digest

    By Scott E. Mollen | February 6, 2018

    Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Fleetwood Commons Inc. v. Fredericks,” where the court held under the business judgment rule that a co-op board's determination to terminate the proprietary lease was within the scope of its authority, and “90 Elizabeth Apt. v. Eng,” a landlord-tenant case where the court found for the tenant, holding that unlike under rent stabilization, an occupant entitled to succession to a rent-controlled tenancy has no affirmative obligation to do anything to assert his or her claim.

  • New York Law Journal

    Putative Class Actions For Rent Overcharges

    By Warren A. Estis and Michael E. Feinstein | February 6, 2018

    In their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein discuss 'Maddicks v. Big City Prop.,' a recent decision where the court found no basis for class certification.

  • New York Law Journal | Q&A

    Lawyer Eyes Disparities Across NY in Protecting Homeowners Facing Foreclosure

    By Andrew Denney | February 1, 2018

    While the survey revealed uneven enforcement patterns across the state, it brought some good news, as well, Jacob Inwald said in an interview with the Law Journal in which he broke down the findings.

  • New York Law Journal | News

    Brooklyn Sees Significant Reduction in Pending Foreclosure Actions

    By Andrew Denney | January 31, 2018

    Justice Lawrence Knipel said the sharp reduction came from his decision to concentrate the wave of foreclosure cases that washed over the court with three Supreme Court justices and a Civil Court judge.

  • New York Law Journal

    Realty Law Digest

    By Scott E. Mollen | January 30, 2018

    Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses two landlord-tenant cases:  “Wheeler Ave. Laundry v. Modern Yonkers Realty,” and “Pinchback v. Foreman.”

  • New York Law Journal | Analysis

    When Can Condo and Co-op Boards Fine the Owners and Residents?

    By Adam Leitman Bailey and John M. Desiderio | January 30, 2018

    Adam Leitman Bailey and John M. Desiderio review the authority given to boards of condominiums and cooperative corporations to impose and enforce fines respectively on condo unit owners and cooperative shareholder-tenants who violate building house rules.

  • New York Law Journal | News

    Chief Judge Lauds New York for Legal Representation of Low-Income People

    By Susan DeSantis | January 25, 2018

    The percentage of low-income New Yorkers whose civil legal needs are now being met has risen to a high of 37 percent, up from 20 percent in 2013, Chief Judge Janet DiFiore said.

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