By Jane Wester | November 9, 2021
The three landlords testified that they have no way of knowing their tenants' status, but near the end of the hearing, U.S. District Judge Gary Brown appeared unconvinced, saying standing claims were "shaky."
New York Law Journal | Expert Opinion
By Scott Mollen | November 9, 2021
Scott Mollen discusses "East Empire Constr. Inc. v. Borough Constr. Grp," where a subcontract's termination required compliance with a 10-day post notice cure provision, and "Sanchez-Tiben v. Washington," where the court held that a sufficient showing was made to warrant a hearing to ascertain the validity of a hardship declaration.
New York Law Journal | Analysis
By Shmuel Vasser | November 8, 2021
The overlay zone clearly benefits municipalities and developers by streamlining the application and approval process. But, does it eliminate the neighbors' ability to bring spot zoning challenges? The author explores this question.
By ALM Staff | November 2, 2021
This suit was surfaced by Law.com Radar. Read the complaint here.
New York Law Journal | Expert Opinion
By Scott Mollen | November 2, 2021
Scott Mollen discusses the case 'Kim v. HFZ 11 Beach Street LLC.'
New York Law Journal | Expert Opinion
By Warren A. Estis and Jeffrey Turkel | November 2, 2021
Starting in 2020, tenants of various 421-a buildings throughout the city where rent concessions have been granted have commenced putative class action litigation asserting that the initial legal regulated rent for each of their apartments is not the lease rent, but is the "net effective rent." To date, the tenants' efforts have met with mixed success. In their Rent Regulation column Warren Estis and Jeffrey Turkel analyze five decisions rendered on the subject.
New York Law Journal | Analysis
By Morgan R. McCord | October 28, 2021
In an unprecedented decision with repercussions for mortgage servicers and title insurers, the Second Department has redefined the "willful neglect" standard in reforeclosure cases to encompass simple negligence. In moving the negligence needle, the court has introduced confusion and uncertainty to an area of the law that most observers believed was settled.
By Jane Wester | October 27, 2021
Gibson Dunn partner Randy Mastro, who represents a coalition of small landlords, described the proposed intervenors' application as "baseless" in his own statement Wednesday.
New York Law Journal | Analysis|Letter to the Editor
By Bradley Silverbush | October 26, 2021
Unquestionably, a simple criminal charge for a minor offense should not permit a landlord to utilize that fact to discriminate against a prospective tenant. But there is a difference between nonviolent petty offenses and felonious assault or rape.
New York Law Journal | Expert Opinion
By Ezra Dyckman and Charles S. Nelson | October 26, 2021
In recent years, promotors have marketed so-called "monetized installment sales," which would purportedly allow a seller to benefit from installment sale treatment while still effectively receiving the cash proceeds in the year of the sale. In their Real Estate Financing column, Ezra Dyckman and Charles Nelson discuss the IRS's Chief Counsel Advice Memorandum which explains why such transactions should not be respected for income tax purposes.
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