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September 07, 2023 | New York Law Journal

RPAPL §2001 Does Not Serve As Time-Bar to Condominium Board Requesting That Unit Owner Remove Structures From Outdoor Space

This article discusses a recent case filed by a condominium unit owner that touches on concerns related to the use of outdoor space associated with a cooperative or condominium apartment, such as who actually owns the space and if costs associated with the use of outdoor space can be charged.
5 minute read
September 05, 2023 | New York Law Journal

Piercing the Corporate Veil; Contempt Ruling Based on Failure To Comply: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Hieber Astoria LLC v. Taverna where the subject complaint was held to sufficiently state a pierce the corporate veil claim," and "Matter of Samaritan-Compass VI Housing Development Fund Corporation v. 1293-95 Rodman, where the Appellate Division affirmed a trial court granting of a petitioner's motion to hold the respondent in contempt of an order granting petitioner access to the respondent's property.
10 minute read
August 29, 2023 | New York Law Journal

Delay Damages Denied; Zoning Board's Failure To Consider All Evidence: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "WDF Inc. v. Dormitory Auth. of NYS," and "Cuffaro v. Zoning Bd. of Appeals of the Village of Bellport.
19 minute read
August 22, 2023 | New York Law Journal

Sale of Air Rights; Use and Occupancy: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "301 E. 60th St. LLC v. Competitive Solutions LLC," where the issue was whether a contract pertaining to the sale of inclusionary air rights can be subject to specific performance, and "Dahl v. Prince Holdings 2012 LLC," where the landlord was granted use and occupancy.
17 minute read
August 15, 2023 | New York Law Journal

Ice Cream Parlor Granted Yellowstone Injunction: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Egger's Original Ice Cream Inc. v. Staten Island Historical Soc'y Inc." where a tenant ice cream parlor was granted a Yellowstone Injunction, tolling the time to cure its alleged defaults.
16 minute read
August 08, 2023 | New York Law Journal

New York Legal Award Honorees Selected for 2023

The full list of our honorees, including Lifetime Achievement Award Winners, Distinguished Leaders, Diversity Initiative Winners, In-House Impact Winners, Innovation Award Winners, Litigation Departments of the Year, Dealmakers of the Year, Rising Stars and the finalists for Attorney of the Year.
6 minute read
August 08, 2023 | New York Law Journal

Failure to Surrender Premises; Overcharge Claims: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Adler Holdings II LLC v. Jill Stuart Intl. LLC," where both the tenant and guarantor were held liable for rent, and the tenant failed to leave the premises "broom clean," and "Wise v. 1614 Madison Partners," dealing with an overcharge claim in a building which received 421-a tax benefits.
16 minute read
August 01, 2023 | New York Law Journal

FOIL Request for Penn Station's Mixed-Use Development Plan: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses the land use case 'Weinstock v. NYS Urban Dev. Corp.," dealing with a FOIL request. He writes: "This case is of interest because many opponents of large projects file FOIL requests in an effort to uncover evidence which may derail such projects. This decision found that some of the government agency's objections were over broad and inconsistent with the language and intent of the FOIL statute."
14 minute read
July 25, 2023 | New York Law Journal

Fraudulent Conveyance; Mixed Use Building: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Rosner v. Caputo," and "CAC Atl. LLC v. Harmon Stores."
18 minute read
July 18, 2023 | New York Law Journal

Scope of Guarantor Protections; Lack of Standing To Foreclose: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Mansion Realty LLC v. 656 7th Ave. Gym LLC," and "Bank of NY Mellon Trust Co. NA v. Hendrickson."
17 minute read

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