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April 11, 2023 | New York Law Journal

Business Interruption Insurance Claim; Breach of Contract: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses 'Borah, Goldstein, Altschuler, Nahins & Goidel v. Cont'l Cas. Co., where the court dismissed an insurance claim brought by the law firm which closed during the COVID-19 pandemic, and "Chazak Equities LLC v. Hamilton, where defendants had a contractual right to terminate the contract and return deposit to plaintiff.
16 minute read
April 04, 2023 | New York Law Journal

Legal Ownership Not a Bar to Adverse Possession Claim: This Week In Scott Mollen's Realty Law Digest

Scott Mollen discusses "Gelles v. Sauvage."
18 minute read
March 28, 2023 | New York Law Journal

Mutual Mistake; Default Formula To Calculate Base Rate: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Ralph Lauren Retail v. 888 Madison," and "Fabo v. Kushner Cos."
18 minute read
March 21, 2023 | New York Law Journal

Alteration Agreements and Fiduciary Duty Under MDL §78: This Week In Scott Mollen's Realty Law Digest.

Scott Mollen discusses "Mandracchia v. Renovate-Create Sourcing & Procurement Corp." where, in signing a lease and alteration agreement, the plaintiff waived the co-op's statutory duty.
15 minute read
March 20, 2023 | New York Law Journal

Herrick, Feinstein Names First Female Executive Chair

Real estate department chair Belinda Schwartz is succeeding Irwin Kishner, who has served in the role since 2010.
3 minute read
March 14, 2023 | New York Law Journal

'Yellowstone' Injunction Granted; Unlawful Eviction: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Elite Wine & Spirit LLC v. Michelangelo Preserv. LLC, where a 'Yellowstone injunction was granted where the court found good faith effort to cure, and "Bullen v. Palma," where a landlord was ordered to restore the tenant to possession of premises following an unlawful eviction.
16 minute read
AEA Middle Mkt. Debt Funding LLC v. Marblegate Asset Mgmt. LLC
Publication Date: 2023-03-13
Practice Area: Contractual Disputes | Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Appellate Division, First Department
Judge: Justice Presiding Dianne T. Renwick
Attorneys:
For plaintiff: For Marblegate Asset Management, LLC, Marblegate Special Opportunities Master Fund L.P., P. Marblegate Ltd., Marblegate Strategic Opportunities Master Fund I, L.P., Marblegate Partners Master Fund I, L.P., Field Point Agency Services, Inc. and New Teraco, Inc., Appellants-Respondents/Respondent: Sean E. O'Donnell, Janice I. Goldberg, Christopher Carty, Kyle J. Kolb and Silvia Stockman of counsel, Herrick Feinstein LLP, New York.
For defendant: For AWM Holdings, Inc., Archway Marketing Holdings, Inc., Archway Marketing Services, Inc. and Corporate Services, Inc., Appellants-Respondents: Jaclyn H. Grodin and Isabel Sukholitsky of counsel, Goulston & Storrs PC, New York. For Respondents-Appellants: Alisha Louise McCarthy and Yonaton Aronoff of counsel, Harris St. Laurnent & Wechsler LLP, New York and Tracy N. LeRoy of the bar of the State of Texas, admitted pro hac vice of counsel, Yetter Coleman LLP, Houston, Texas. For John Brecker, Respondent: Russell Gallaro and David Ball of counsel, Bracewell LLP, New York.
Case number: 650413/19

Minority Lenders Had Right to Oppose Restructure Sale Not Meeting Pro Rata Requirement

Appellate Division, First Department: March 9, 2023
Publication Date: 2023-03-09
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:March 7, 2023

March 08, 2023 | New York Law Journal

2nd Circuit Rules in Favor of Christie's, Steinhardt Over Turkey's Claim to 6,000-Year-Old Statue

Eden Burgess and Thomas Kline of Schindler Cohen & Hochman, who represent the Christie's auction house and an art collector, argued that Turkey's claims were barred under the doctrine of laches.
3 minute read
March 07, 2023 | New York Law Journal

ERAP Stay and Property Values: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Horizon Realty of Mt. Vernon LLC v. Dabbs," where an ERAP stay was lifted as being inequitable to the landlord who had already suffered in the lengthy process, and "McWhinney v. Rockland Cider Works," where defendants were preliminarily enjoined from operating a cidery that would hurt surrounding property values.
18 minute read

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