Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
By Alan Doran | June 26, 2017
Alan Doran writes: While the traditional responsibilities of real estate attorneys in New York are well understood, new and evolving consumer protection regulations are forcing attorneys to confront new challenges and presenting new opportunities.
By Marshall Brozost | June 26, 2017
Marshall Brozost writes: Negotiations concerning the collapse of real estate joint ventures are among the most vexing, contentious and emotional—particularly in connection with the removal of the real estate operator from its role as the manager of the JV by the investor member(s) in the event of non-performance or "bad boy" acts. Though difficult, recent events and common sense militate for clear language in the JV agreement concerning the right of the investor member to remove the manager in such circumstances.
By Bruce A. Cholst and Elliot J. Coz | June 26, 2017
Bruce A. Cholst and Elliot J. Coz suggest ways for condominium boards to make their fining policies more enforceable and less vulnerable to legal attack. Adherence to the concepts and strategies enumerated herein will maximize the efficacy of fining as a rule enforcement remedy for any condominium board.
By newyorklawjournal | New York Law Journal | June 22, 2017
HUD Only Partly Granted Judgment in Action Over Denial of Continued Section 8 Subsidy
By newyorklawjournal | New York Law Journal | June 21, 2017
Eleventh Amendment Bars Claims Against DEC Over Property's Taking, Contract Interference
By Kenneth M. Block and Joshua M. Levy | June 20, 2017
In their Construction Law column, Kenneth M. Block and Joshua M. Levy write: One of the more common questions asked in the construction contracting arena is whether an owner of a construction project can enforce the terms of a subcontract or its architect's consulting agreement with engineers directly against the subcontractor or engineers as a third-party beneficiary. The answer is "yes," but with some caveats.
By Scott E. Mollen | June 20, 2017
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Coliseum Tenants. v. Benmark,” where the petitioner's holdover proceeding for lease violation was dismissed because petitioner failed to prove that alterations to the respondent's co-op had been done without board approval, and “364 93rd Street LLC v. Clementine,” where a landlord was awarded judgment of possession due to tenant's harassing conduct which the court found constituted nuisance.
By Christine Simmons | June 16, 2017
Holwell Shuster & Goldberg, a five-year-old boutique that continues to be flush with litigation work from the financial crisis, will double its office space when it moves into three subleased floors from Simpson Thacher & Bartlett in midtown Manhattan by the end of the year.
By Adam Leitman Bailey and Dov A. Treiman | June 13, 2017
In their Housing Litigation column, Adam Leitman Bailey and Dov A. Treiman discuss 'Rivera v. HPD,' a decision "stronger on emotion than analysis" where the Court of Appeals "eliminated a building owner's path to determining the validity of liens placed against its building in relocating the building's tenants when the building became the subject of vacate order."
By Scott E. Mollen | June 13, 2017
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses 'Goldstein v. Lipetz,' a landlord-tenant case where although the majority found the defendant had "exploited the governmentally-conferred privilege of her rent-stabilized tenancy" by profiting from subletting her apartment through the company Airbnb, the dissent argued that "there is a question of fact as to whether defendant engaged in profiteering, or rather used Airbnb to enable herself to continue to live in her long time home, which would not be inconsistent with the purposes of the Rent Stabilization Law."
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