New York Law Journal | Analysis
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
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
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.
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.
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
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
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
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
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.
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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