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 | Analysis
By Pankaj Malik and Melissa J. Montenes | December 30, 2020
This article focuses on specific challenges to the applicability of CPLR §205(a) known as the "Savings Clause" to a new foreclosure action commenced in which the mortgage debt has been accelerated and a prior foreclosure action was dismissed.
New York Law Journal | Expert Opinion
By Scott E. Mollen | December 29, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "U.S. Bank Nat'l Assoc. v. Goldman Sachs Mortgage," where the agreement imposed an obligation of reasonableness as to enforcement undertaken by the trustee, and "47-351 Operating Corp. v. Merino," where an Airbnb occupant overstayed his reservation.
New York Law Journal | Expert Opinion
By Bruce J. Bergman | December 29, 2020
A not so uncommon event in mortgage foreclosure actions is the dismissal of the case, or the compelling of some measure by the court, sua sponte, that is, on its own—without a motion having been made for that relief. The sheer reported volume of appellate division reversals of trial court sua sponte dismissals confirms that such occurrences are, if not definable as a problem, certainly an issue.
New York Law Journal | Analysis
By Elisa Shevlin Rizzo and John Voltaggio | December 28, 2020
Real estate remains an important investment for many individuals, even during the current pandemic.
By Christine Simmons | December 23, 2020
Walden Macht & Haran, now with 42 lawyers, has opened a Philadephia office and is scoping out potential expansion into Washington, D.C., and Wilmington, Delaware.
New York Law Journal | Analysis
By Joshua Wurtzel | December 23, 2020
In April, author Joshua Wurtzel published an article advising struggling commercial tenants how they may avoid their rent obligations during the COVID-19 pandemic. Most of that advice remains viable today. Eight months later, this article turns to struggling commercial landlords with advice on how to maneuver through these times.
New York Law Journal | Expert Opinion
By Scott E. Mollen | December 22, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Columbia University v. D'Agostino Supermarkets," a decision involving a clash of competing public policy considerations: freedom to contract, enforceability of settlement agreements and the unenforceability of illegal penalties.
New York Law Journal | Expert Opinion
By Ezra Dyckman and Charles S. Nelson | December 22, 2020
On Nov. 26, 2018, the Treasury Department issued proposed regulations under Section 163(j), and on July 28, 2020, these regulations were finalized. The final regulations largely adopt the proposed regulations, but with some important modifications that are generally favorable to taxpayers.
New York Law Journal | Analysis
By Morgan R. McCord | December 16, 2020
The decision is a welcome relief to the mortgage servicing industry that anxiously awaited the Appellate Division's interpretation of RPAPL 1302-a.
New York Law Journal | Expert Opinion
By Scott E. Mollen | December 15, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Wyona Apts. LLC v. Ramirez," where the court held that a virtual trial did not violate the respondents' due process rights, and "204 E. 38th LLC v. Sons of Thunder LLC," where an administrative code provision barred the lessor from seeking recovery based on a personal guaranty.
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