Real Estate

  • New York Law Journal | Analysis

    Realty Law Digest

    By Scott E. Mollen | October 17, 2017

    Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Hahn v. Hagar” where the court held that development rights are considered 'real property' under RPAPL §1602; but that the plaintiffs failed to establish their entitlement to relief pursuant to that statute, and “Bodenstab v. Saint-Gobain Performance Plastics Corp,” which involved 16 consolidated cases arising from the contamination of groundwater.

  • New York Law Journal | Analysis

    Representation and Warranty Insurance

    By Peter Fisch and Mitchell Berg | October 17, 2017

    In their Transactional Real Estate column, Peter Fisch and Mitchell Berg of Paul, Weiss, Rifkind, Wharton & Garrison discuss representation and warranty insurance which has become commonplace in M&A transactions. They offer the question of whether real estate transactions will follow suit, and conclude that "for more complex transactions, where traditional due diligence may fall short or be impractical, or where an entity rather than an asset is being acquired, the answer may be yes."

  • New York Law Journal | Analysis

    Anonymous LLC Ownership of Real Estate: A Lawyer's Obligations

    By Patrick O'Sullivan | October 11, 2017

    Patrick O'Sullivan writes: While real estate ownership by limited liability companies remains an area of focus for government agencies seeking to root out money laundering and terrorism financing, a growing area of interest is the obligations of real estate lawyers in preventing the use of these entities to further criminal activities.

  • New York Law Journal | News

    Firm Must Pay NYC Transfer Tax in Real Estate Deal, Court Finds

    By Andrew Denney | New York Law Journal | October 10, 2017

    A real estate holding company has lost its bid to challenge the imposition of New York City's real property transfer tax on an ownership stake in the iconic building at 1328 Broadway in Manhattan, known as 2 Herald Square.

  • New York Law Journal

    Realty Law Digest

    By Scott A. Mollen | October 10, 2017

    Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Pelham 1130 v. Cause” and “Cece & Cov. U.S. Bank.”

  • New York Law Journal | Analysis

    Sheltering the Homeless in Rent Stabilized Units

    By By Adam Leitman Bailey and Dov Treiman | October 10, 2017

    Adam Leitman Bailey and Dov Treiman discuss how, with homeless populations continuing to swell and charitable organizations looking to help house them, a thorough understanding of the applicable principles of rent stabilization is becoming increasingly essential. They discuss the recent decision of the Appellate Term, First Department in '2363 ACP Pineapple v. Iris House,' which they find highlights practitioners' misunderstanding of the theoretical issues involved.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | October 3, 2017

    In his Realty Law Digest column, Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “36 East 20th Str. Realty v. Parea Group,” where a landlord's knowledge of its tenant's installation flagpole led to the dismissal of an eviction proceeding, and “Westbury Senior Living v. Clements,” where the court held that the assisted care facility at issue could not use a special proceeding to sue guarantors.

  • New York Law Journal | Analysis

    Acceptance of Rent After Lease Termination: Does It Reinstate the Tenancy? It Depends

    By Warren Estis and Michael Feinstein | October 3, 2017

    In their Landlord-Tenant Law column, Warren Estis and Michael Feinstein discuss the Second Department Appellate Term's decision in 'Scarborough Manor Owners Corp. v. Robson' and find the decision makes clear that the landlord's acceptance of rent for a period after the termination of the lease and prior to the commencement of a summary proceeding will not in all instances result in the reinstatement of the tenancy.

  • New York Law Journal | Analysis

    Overview of the New Partnership Level Audit Rules

    By Peter M. Fass | October 3, 2017

    In this Real Estate Securities column, Peter M. Fass discusses new partnership tax audit rules that will become effective for tax years beginning after Dec. 31, 2017.

  • New York Law Journal

    Coffee Chain Can Brew Up Fraud Claims Against WTC Oculus Developer

    By Jason Grant | October 2, 2017

    One of several retailers in litigation with the World Trade Center's Oculus shopping mall can move forward with its counterclaims that it was fraudulently induced into a top-of-market lease for premises that were not delivered on time, a Manhattan justice has ruled.

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