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November 30, 2021 | New York Law Journal

Realty Law Digest

Scott Mollen discusses 'Wilmington Savings Fund Society v. 6 Turtle Knoll,' 'Locon Realty v. Safisas Corp.,' and 'Leya v. Kodicek.'
14 minute read
August 17, 2021 | New York Law Journal

The Evolving Burden of Proof for Foreclosure Judgments

Adam Leitman Bailey and Jackie Halpern Weinstein highlight the underdiscussed expanded burden now imposed by the Second Department that lenders must satisfy to successfully foreclose on a defaulted loan.
10 minute read
July 13, 2021 | New York Law Journal

Realty Law Digest

Scott Mollen, a partner at Herrick Feinstein, discusses "RLM TH LLC v. 162 E. 70th St. Trust," "Benny's Famous Pizza Plus Inc. v. Security Natl. Ins. Co., and "Zollo v. Adirondack Lodges Homeowners."
16 minute read
June 29, 2021 | New York Law Journal

Co-op and Condo Owners' Right To Inspect: An Update

Adam Leitman Bailey and John Desiderio revisit their 2016 article"Court Clarifies Condo Owners' Right to Inspect," giving a broader overview—in light of the pandemic—of the development of the right of shareholders and condominium owners to inspect the corporate records of their respective governing entities.
16 minute read
June 15, 2021 | New York Law Journal

Liquidated Damages in Construction Contracts: An 'Exclusive Remedy' for Delays in NY?

The New York Court of Appeals' 4-3 split decision in 'The Trustees of Columbia University in the City of New York v. D'Agostino Supermarkets' called into doubt the predictability of the courts' treatment of what most considered a rock-solid contractual term: liquidated damages.
9 minute read
April 20, 2021 | New York Law Journal

Title Insurance: Determining an Insured's Loss and Calculating the Damages

Even the most prudent lay person or attorney in private practice cannot inspect and discover each and every title defect that might affect the property. In order to protect against the risk of defects in ownership, title insurance is purchased, which is the most misunderstood, yet most valuable, forms of insurance in America.
14 minute read
February 16, 2021 | New York Law Journal

An Unsettling Decision for Liquidated Damages in Settlement Agreements

Adam Leitman Bailey and Dov Treiman discuss the Court of Appeals decision "Trustees of Columbia v. D'Agostino," where the court handed down a 4-3 decision with a new interpretation of the law of liquidated damages with regard to surrender agreements. The case, they contend, "rewrites the rules of when a tenant simply gives up on the space."
12 minute read
December 29, 2020 | New York Law Journal

Realty Law Digest

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.
14 minute read
December 15, 2020 | New York Law Journal

Self-Help Eviction in 2020/2021

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.
11 minute read
October 02, 2020 | The American Lawyer

Hire Up: Big Firms Hire Groups of Laterals

It was a week of group lateral moves, including at White & Case, which hired the global co-chairs of Sidley's restructuring practice.
3 minute read

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