Law Offices of Gary Martin Hays & Associates
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New York Law Journal | Expert Opinion
By Adam Leitman Bailey and John M. Desiderio | December 15, 2020
Fifteen years after their article, "Self Help Evictions: The Neglected Commercial Remedy," Adam Leitman Bailey and John Desiderio address and update the law on the self-help remedy that enables commercial landlords to regain possession of leased premises from tenants in material breach of one or more lease covenants.
New York Law Journal | Analysis
By Robert Dremluk | December 15, 2020
During the past few months several New York cases involving UCC sales of equity pledged to secure mezzanine loans have underscored whether the concept of commercial reasonableness may apply differently during the COVID-19 pandemic.
New York Law Journal | Analysis
By Erica F. Buckley | December 11, 2020
The question of whether a housing development fund company (HDFC) that operates as a housing cooperative can go private is subject to various factors.
New York Law Journal | Commentary
By Irwin S. Izen | December 10, 2020
The traditional "brick and mortar" closing has undergone a significant transformation as state mandated guidelines and personal apprehension limit the number of attendees present within the four walls of a closing room.
By Jane Wester | December 9, 2020
Manhattan Supreme Court Justice Barry Ostrager rejected a motion that would have ended litigation over up to $205 million in senior loan financing for the development of condominiums in Weehawken, New Jersey.
New York Law Journal | Expert Opinion
By Bruce J. Bergman | December 8, 2020
In his foreclosure column, Bruce Bergman discusses three questions still causing confusion when dealing with acceleration and the statute of limitations: (1) What language actually constitutes an acceleration? (2) Does the filing of a foreclosure complaint evince an acceleration? And (3) does discontinuance of a prior foreclosure revoke an acceleration?
New York Law Journal | Expert Opinion
By Scott E. Mollen | December 8, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses three landlord-tenant cases: "The Shack Collective Inc. v. DeKalb Market Hall," "Cook v. Fairfax Mgmt Corp.," and "631 Edgecombe, LP v. Walker."
New York Law Journal | Expert Opinion
By Janice Mac Avoy, Matthew D. Parrott, Justin J. Santolli and Shira Sandler | December 4, 2020
An analysis of decisions which reflect a marked change in how courts have addressed attempts to enjoin UCC foreclosures in connection with the COVID-19 pandemic.
New York Law Journal | Expert Opinion
By Scott E. Mollen | December 1, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Board of Mgrs. of the 28 Cliff St. Condominium v. Maguire," where the court held that a condominium president's request for indemnity after a fire should have been denied under the bylaws; and "1982 E. 12th St. Holding LLC v. Lati," where the plaintiff's use of disputed parcel of land failed to establish adverse possession.
New York Law Journal | Expert Opinion
By Warren A. Estis and Alexander Lycoyannis | December 1, 2020
As the COVID-19 pandemic and its accompanying economic fallout continue to unfold, commercial tenants have increasingly come to rely on the common law doctrines of impossibility of performance and frustration of purpose as defenses to the nonpayment of rent.
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