Real Estate

  • New York Law Journal

    Nick & Duke LLC v. Dept. of Housing Preservation

    By newyorklawjournal | New York Law Journal | August 22, 2017

    Housing Agency's Failure to Ensure Notice Constitutes Due Process Claim

  • New York Law Journal

    Losing Hand for Taxpayer in Dealer Property Case

    By Ezra Dyckman and Daniel W. Stahl | August 22, 2017

    In their Taxation column, Ezra Dyckman and Daniel Stahl write: Unfortunately, there are many circumstances where it is unclear whether real estate constitutes dealer property. One difficult question that sometimes arises is when a change in circumstances causes real estate that initially was dealer property to no longer be classified as such and discuss a recent case where a taxpayer was unsuccessful in its argument that a change in its intentions caused dealer property to be converted into property held for investment.

  • New York Law Journal

    Realty Law Digest

    By Scott E. Mollen | August 22, 2017

    Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses '221 Middle Neck Owners Corp. v. Paris,' where the subject petition was held to satisfy RPAPL §741 as it stated a claim for a summary holdover for violating the lease,and 'Lana v. Monroe,' where a tenant's diligent effort to secure funding to pay arrears warranted restoring her possession.

  • New York Law Journal

    More on 'Murr v. Wisconsin'

    By Michael Rikon | August 21, 2017

    Condemnation and Tax Certiorari columnist Michael Rikon analyzes the Supreme Court's decision agreeing with the state's holding that two lots adjacent to the St. Croix River should be considered as one parcel for a regulatory takings analysis, a holding that unfortunately creates a vague multifactor balancing test.

  • New York Law Journal

    Rosenblatt v. Coutts & Co. AG

    By newyorklawjournal | New York Law Journal | August 18, 2017

    Personal Jurisdiction Over Swiss Lender Lacking in Breach Suit Over Loan Termination

  • New York Law Journal

    NY Court Defines When LLCs Can Use Special Litigation Committees

    By Jason Grant | August 18, 2017

    A special litigation committee cannot be used to determine the fate or direction of derivative claims brought on behalf of a New York limited liability company, unless its use is expressly written into the operating agreement, a Manhattan appeals court has ruled in an important decision of first impression.

  • New York Law Journal

    Time-Share Unit Owners' Lawyer Praises $6.5 Million AG Settlement

    By Josefa Velasquez | August 18, 2017

    A lawyer for a group of shareowners in the Midtown hotel the Manhattan Club said clients are awaiting news of restitution from the settlement after a yearslong investigation.

  • New York Law Journal

    Restrictions in Certain Anti-Harassment Districts Could Impede Development

    By Kara I. Schechter Rakowski and Alexa Englander | August 15, 2017

    Kara I. Schechter Rakowski and Alexa Englander write: The development of multiple dwellings in Special Anti-Harassment zoning districts located in Manhattan has historically come along with its own special kind of red tape. In the last few decades, restrictions on demolition and material alterations have made it very difficult for development in certain special districts. Within the last two years, however, the NYC Department of Housing Preservation and Development has started to enforce a previously overlooked provision of the Zoning Resolution which has presented even more obstacles for developers to navigate in order to develop sites in the Special Hudson Yards, Clinton, West Chelsea and Garment Center districts in Manhattan.

  • New York Law Journal

    Realty Law Digest

    By Scott E. Mollen | August 15, 2017

    Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses 'Portofino Realty Corp. v. N.Y. State Division of Housing,' where the court held that the creation of the Tenant Protection Unit does not deprive landlords of Due Process.

  • New York Law Journal

    NMC Residual Ownership L.L.C. v. U.S. Bank N.A.

    By newyorklawjournal | New York Law Journal | August 8, 2017

    Breach Suit by REMIC Trusts' Residual Security Interest Holders Should Not Have Been Dismissed

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