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
New York Law Journal | Expert Opinion
By Bruce J. Bergman | August 8, 2023
While standing may be the most common defense in a residential foreclosure action, there should be little doubt that the RPAPL §1304 90-day pre-foreclosure notice mandate is surely the most insidious.
By Scott Mollen | August 8, 2023
Scott Mollen discusses "Adler Holdings II LLC v. Jill Stuart Intl. LLC," where both the tenant and guarantor were held liable for rent, and the tenant failed to leave the premises "broom clean," and "Wise v. 1614 Madison Partners," dealing with an overcharge claim in a building which received 421-a tax benefits.
By Bruce J. Bergman | August 4, 2023
Bruce Bergman discusses U.S. Bank National Association as Trustee v. Pierre, the first case to address the Foreclosure Abuse Prevention Act, specifically a single (but meaningful) portion of the Act: the six-month grace period to begin a new action.
New York Law Journal | Expert Opinion
By Scott Mollen | August 1, 2023
Scott Mollen discusses the land use case 'Weinstock v. NYS Urban Dev. Corp.," dealing with a FOIL request. He writes: "This case is of interest because many opponents of large projects file FOIL requests in an effort to uncover evidence which may derail such projects. This decision found that some of the government agency's objections were over broad and inconsistent with the language and intent of the FOIL statute."
By Gary M. Rosenberg and Ethan R. Cohen | August 1, 2023
The Legislature, in reaction to recent court decisions, has made a belated effort to retroactively redefine "fraud" in the context of pre-HSTPA claims, passing a bill that would effectively deem any past violation of any law or duty by a landlord to constitute fraud.
By Scott Mollen | July 25, 2023
Scott Mollen discusses "Rosner v. Caputo," and "CAC Atl. LLC v. Harmon Stores."
By Scott Mollen | July 18, 2023
Scott Mollen discusses "Mansion Realty LLC v. 656 7th Ave. Gym LLC," and "Bank of NY Mellon Trust Co. NA v. Hendrickson."
New York Law Journal | Analysis
By Robin Zeidel | July 14, 2023
Landlords may find themselves negotiating with a counterparty that expects to apply provisions typically associated with the hospitality industry, which may concern a traditional office landlord.
By William J. Geller and Robert J. Braverman | July 12, 2023
This article explores the circumstances in which condominium unit buyers, either individually or through the condominium board after the expiration of the sponsor's initial control period, can assert claims for construction defects or mismanagement against the sponsor's parent companies and principals.
By Scott Mollen | July 11, 2023
Scott Mollen discusses "Clark Tower LLC v. Wells Fargo Bank NA," where a wrongful foreclosure claim was dismissed where the plaintiff/borrower could not prove a conspiracy to "steal the building."
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