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January 14, 2023 | New York Law Journal

The Chief Judge Discourse

Having a well-qualified candidate, selected by the governor, attacked for essentially being a "moderate," sends a terrible message to the public and diminishes respect for New York State and the New York court system in particular.
5 minute read
January 10, 2023 | New York Law Journal

Regulatory Takings and 'U&O' Requests: This Week In Scott Mollen's Realty Law Digest

Scott Mollen discusses two commercial landlord-tenant cases: "195 B Owner LLC v. Anthropologie," where it was held that pandemic executive orders excused the tenant's rent obligation under its lease provision, and "558 Seventh Ave. Corp. v. PKNY IV," where the court held that an invalidate certificate of occupancy does not bar a request for use and occupancy.
12 minute read
January 09, 2023 | New York Law Journal

Attorneys 'On the Move': Senior Counsel at NFL Joins Bryan Cave; Latham Adds Two Banking Partners

And other announcements of recent hirings and promotions of New York attorneys.
6 minute read
January 03, 2023 | New York Law Journal

Misrepresentation, Harassment and Fraudulent Inducement: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "179-94 St. LLC v. Hassan," where the parties' broad release precluded a lawsuit for alleged misrepresentation in a property sale, "Roldan v. 11610 14 Rd. LLC," where the court awarded damages to a tenant living without running water, and "Eastern Effects, Inc. v. 3911 Lemmon Ave. Assoc.," where a settlement provision barred a commercial tenant's fraudulent inducement claim.
14 minute read
December 27, 2022 | New York Law Journal

Yellowstone Injunctions, Succession Rights, and Guarantees: This Week in Scott Mollen's Realty Law Digest

In this edition of his Realty Law Digest, Scott Mollen discusses "Urban Commons 2 W. LLC v. Battery Park City Auth.," "Kralik v. New York City Dept. of Hous. Preserv. & Dev.," and "511 E. 80th St. LLC v. Margalit."
16 minute read
December 20, 2022 | New York Law Journal

Rent Stabilization, the Doctrine of Impossibility and Special Use Permits: This Week in Scott Mollen's Realty Law Digest

This week, Scott Mollen discusses "Consulting SS Inc. v. McKellar," where the court held that illegal units are still subject to rent stabilization, "96 Springs, LLC v. Chefs Club NY, Inc.," where the doctrine of impossibility did not excuse a restaurant tenant's performance under lease and "East Pine Apartments, LLC v. Village of Cambridge" where an Article 78 proceeding challenging the revocation of a special use permit survived dismissal.
15 minute read
December 13, 2022 | New York Law Journal

Abuse of Process and Denial of Access: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "215 W. 84th St Owner LLC v. Bailey," and "689 E 187th St LLC v. Mathu."
18 minute read
December 06, 2022 | New York Law Journal

Defamation and Mutual Mistake: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Golan v. Daily News," where an article about the plaintiff's deceptive real estate practices did not constitute defamation, and "Williams v. Sowle," where the complaint was dismissed for failure to establish the mistake in conveyance was mutual.
19 minute read
December 05, 2022 | The Legal Intelligencer

What's in a Name? Different Rules for Discovery of Surveillance, Security Videos 

In her recent opinion, U.S. District Court Judge Lynne A. Sitarski of the Eastern District of Pennsylvania distinguished between a surveillance video and a security video in the context of discovery in a personal injury case. Sitarski's opinion builds on existing case law to address when a defendant must disclose and produce a surveillance video or a security video to a personal injury plaintiff.
6 minute read
November 29, 2022 | New York Law Journal

Realty Law Digest

Scott Mollen discusses "Zelik v. Rubashkin," where it was held that summary judgment is denied when contradictory claims require a trial for resolution, and "Brinkmann v. Town of Southold" where a takings clause claim was held not stated – the land at issue taken for a park did not bestow a private benefit.
12 minute read

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