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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

New York Law Journal

Getting Out of Commercial Leases

A discussion of on how commercial tenants can get out of their (above market) leases, and reorganize and get rid of their landlord's claims, under a new section of the Bankruptcy Code.
4 minute read

Daily Report Online

Georgia Senate Unveils New Mental Health Bill at Late Hour

House Speaker Jon Burns, a Newington Republican, has made further changes to mental health a top priority, a year after then-Speaker David Ralston pushed through an overhaul in the last session before he died.
4 minute read

New Jersey Law Journal

Former Property Manager Not Liable for Subsequent Injury

The court emphasized that "whether a party owes a duty to another party is a question of law for the court to decide, not the fact finder."
6 minute read

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

Daily Report Online

Avoid the White Flag by Negotiating Surrender Provisions in Commercial Leases

Notwithstanding the importance of a lease to the balance sheets of both landlords and tenants, surrender provisions are commonly glossed over and consequences can be detrimental to either side.
6 minute read

Connecticut Law Tribune

Appellate Court Sides with Tenant in COVID-19 Era Eviction Case

"Whether it's a sense of desperation or entitlement, there are more people claiming hardship as a result of COVID-19, which I absolutely understand," Attorney David Rosenberg said. "But somehow that remedy is being shifted to landlords"
4 minute read

Daily Business Review

Judges Made Errors in This Broward Dispute— But 'Tipsy Coachman' Doctrine Applies

"Notwithstanding this error, we are compelled to affirm the summary judgment order on the tenant's claims based on the 'tipsy coachman doctrine,'" Judge Jeffrey T. Kuntz wrote for the appellate panel.
5 minute read

New York Law Journal

Reformation; First Amendment Rights: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "SEZ Foster LLC v. City of New York," where the court held that City of New York is not precluded from arbitrating land's fair market value, and "Potanovic v. Town of Stony Point," where the court dismissed a Section 1983 action alleging that the town violated First Amendment free speech rights, by omitting the public input part of town board meetings from Facebook live.
16 minute read

New York Law Journal

ERAP and Its Impact on Landlord-Tenant Litigation

Since its inception, ERAP has put a tremendous strain on landlords seeking to have their cases heard on the merits due to the tremendous backlog of cases that are either awaiting determinations from OTDA, or having a motion heard by the court to vacate a stay in effect.
19 minute read

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