New York Law Journal | Analysis
By Deborah Koplovitz and Andrew Freedland | March 2, 2022
Given the continued dismissal of claims for fraud which fail to meet the clear-cut pleading requirements and the ongoing development of new construction residential properties (albeit at a slightly slower rate than pre-pandemic due to supply-chain and other issues), a historical analysis of the legal standards for certain sponsor defect claims is instructive.
New York Law Journal | Analysis
By Karen Meara and Christopher Rizzo | March 2, 2022
This article outlines recent proposals from Gov. Kathy Hochul and the state legislature to address this crisis, as well as a novel challenge to a recent New York City rezoning that included a major affordability component. The new mayor has yet to release his plans but appears to be on board with the Governor's proposals so far.
New York Law Journal | Expert Opinion
By Scott Mollen | March 1, 2022
Scott Mollen discusses "A.T.J. Elec. Co. Inc. v. Hill," and "326 Starr LLC v. Martinez."
New York Law Journal | Expert Opinion
By Warren A. Estis and Jeffrey Turkel | March 1, 2022
On Feb. 24 of this year, the First Department, in '160 E. 84th St. Assoc. v. New York State Div. of Hous. & Community Renewal,' answered the question of whether an apartment is deemed "lawfully deregulated" on the date of the deregulation order, or on the later expiration date of the lease in effect. In their Rent Regulation column, Warren Estis and Jeffrey Turkel discuss the issue.
By Jason Grant | February 25, 2022
Back in October 2020, when Schulte filed its rent-abatement suit, the complaint asked for at least $10 million in damages. But the complaint also made clear in its breach-of-contract cause of action that its rent-focused damages were "continuing." It now appears mounting damages being claimed could top $20 million.
By Jane Wester | February 24, 2022
Has Manhattan DA Alvin Bragg decided against charging Donald Trump, and what were his reasons are just two of the questions that arose in the wake of reports that Carey Dunne and Mark Pomerantz have left the office.
New York Law Journal | Expert Opinion
By Scott Mollen | February 22, 2022
Scott Mollen "D'Acunto v. Fabiano," involving a constructive trust, and two landlord-tenant cases "Anello v. Fiedler," and "McMahon v. Shalvey."
New York Law Journal | Expert Opinion
By Ezra Dyckman and Charles S. Nelson | February 22, 2022
Joint Venture transactions involving entities owning real property in New York can sometimes raise complicated New York State and City real property transfer tax questions. In their Real Estate Financing column, Ezra Dyckman and Charles Nelson discuss the recent case, State ex rel. Saric v. GFI Breslin, which illustrates many of the issues that can arise.
New York Law Journal | Analysis
By Michael Rikon | February 18, 2022
In his Condemnation and Tax Certiorari column, Michael Rikon discusses the recent Fourth Department decision, 'West Gates CIP v. State of New York', where the court affirmed an award in a partial taking which only awarded direct damages, and stated: "Where, as here, claimant contends that the highest and best use of the property is something other than its current or existing use, it must be shown 'that there is a reasonable probability that its asserted use could or would have been made within the reasonably near future.'"
By Tom McParland | February 17, 2022
In a raucous two-hour hearing Thursday morning, attorneys for the Trump family alleged political bias in James' investigation of the former president's business activities.
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