Real Estate

  • New York Law Journal | Analysis

    ESG and Legislative Impacts on NYC Buildings

    By Hillel E. Sussman and Tyler F. Starr | April 8, 2021

    Over the past several years, real estate investors, owners and developers have looked to incorporate environmental, social & governance (ESG) criteria into their evaluation of real estate buildings and projects. This article examines the ways New York City real estate market participants are impacted by this increased focus on advancing societal goals.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | April 6, 2021

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Bulldog Pack, LLC v. 868 Lorimer Project, dealing with the breach of an operating agreement, and "In Re: 650 Fifth Avenue Company and Related Properties," where the government's seizure of a building was found to have violated the claimants' due process rights.

  • New York Law Journal | Analysis

    Navigating Surety Performance and Payment Bonds: What To Know

    By Neil P. Pedersen and Jacqueline Greenberg Vogt | April 6, 2021

    There are many misconceptions about what these obligations are.

  • New York Law Journal | Expert Opinion

    Eviction Moratoriums: A Legislative Update

    By Warren A. Estis and Alexander Lycoyannis | April 6, 2021

    In their Landlord-Tenant column, Warren Estis and Alexander Lycoyannis discuss two recently enacted New York State laws aimed at preventing residential and commercial evictions during the COVID-19 pandemic: the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, and the COVID-19 Emergency Protect Our Small Businesses Act of 2021.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | March 30, 2021

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses "39-50 24th St. Realty v. Ol'Bridge Café Inc," where tenant violated the lease for operating an unlicensed catering facility and created a public hazard for holding an large event during the pandemic, and "Bd. of Managers, 80th at Mad. Condo," where questions of fact remained if the board acted arbitrarily in refusing to approve exterior signage.

  • New York Law Journal | Expert Opinion

    Title Insurance Coverage Narrowed For Properties Sold Through Foreclosure

    By Jason C. Bergman | March 30, 2021

    Jason Bergman discusses the state of title insurance for foreclosures given RPAPL 1302-a.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | March 23, 2021

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Tumayeva v. Oceana Condo" where a prospective buyer's breaches of contract and fiduciary duty claims were dismissed, and "111 Fulton St. Investors v. Fulton Quality Foods, where the court rejected a tenant's defenses of casualty and eminent domain clauses in the lease for default.

  • New York Law Journal | Commentary

    Re-energizing an Injunctive Remedy To Stop UCC Foreclosures

    By Y. David Scharf, David B. Saxe and Aaron B. Lauchheimer | March 19, 2021

    The COVID-19 pandemic has badly shaken the commercial real estate market. A recent First Department decision has thrown an unfortunate barrier up against the hope for a turnaround.

  • New York Law Journal | News

    Long Island Federal Judge Appears Open to Argument Against NY Eviction Moratorium, But Declines TRO

    By Jane Wester | March 16, 2021

    Gibson, Dunn & Crutcher partners Akiva Shapiro and Randy Mastro, who are representing the landlords, have argued that the law violates the landlords' First Amendment rights by compelling them "to disseminate government messages with which they disagree," namely, the New York Unified Court System's hardship declaration form, to tenants.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | March 16, 2021

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses two foreclosure cases: "Bridgecity Capital QOB v. 1717 E. 8 St. LLC," and "NYCTL 2016-A Trust v. Neighborhood Youth & Family Services."

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