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Connecticut Law Tribune

Appellate Court Reverses Over Flawed Jury Instructions in Slip-and-Fall Case

The appellate court agreed that the storm doctrine was irrelevant.
2 minute read

New York Law Journal

Cap on Lease Rejection Claims Under the Bankruptcy Code and Its Damaging Effect on Commercial Landlords

While there is no clear resolution to the risks imposed to commercial landlords as a result of §502(b)(6), there are avenues to pursue to ensure that the claim cap does not become a claim trap.
8 minute read

Daily Business Review

5 Minutes to Leave: Commercial Landlords Removing Tenants for Personal Gain in Growing Trend, South Florida Attorney Says

"They're saying, 'I declare that this building is unsafe, everyone has to leave.' In light of what happened with Surfside, it's a tough thing to argue with," said David Winker, who represents the tenants.
4 minute read

Daily Business Review

Hot Commercial Market Creates Risk for Small Business Tenants

To avoid falling into the trap of eviction, follow these basics.
5 minute read

New York Law Journal

Realty Law Digest

Scott Mollen discusses 'West Side Marquis, LLC v. De Jourdan,' where it was held that a newly enacted rent control law supersedes a private agreement between the landlord and tenants; and 'Matter of Obus v. New York State Tax Appeals Tribunal,' where the court held that the petitioners' frequent use of their New York vacation home does not make them state residents.
13 minute read

New York Law Journal

Issues in Apartment Buildings When There Is No Mending Wall

It seems that a recent case has tacitly recognized that noise from other neighbors and their children in apartment buildings is not unexpected, and unless it is so unreasonable that it precludes a tenant from enjoying the intended function of the apartment, a warranty of habitability claim may not make the kind of good fence that some neighbors wish it would.
6 minute read

New York Law Journal

Realty Law Digest

Scott Mollen discusses "133 E. 58th Street, LLC v. Honors New York Center for Bridge," where plaintiff's who operated a bridge club attempted to be excused from rent due to impossibility of performance but the court determined to club to be a 'non-essential retail establishment, and "Moody v. The Related Companies," where an FHA discrimination claim was dismissed against the developer of Hudson Yard's affordable rental units.
17 minute read

New York Law Journal

Fraud and the Default Formula: Still in Need of Clarification

As seminal a case as 'Regina' may have been, there has been a sharp divergence of opinions in regard to its application as seen by recent decisions issued from both the Appellate Division and Trial Court levels.
10 minute read

New York Law Journal

Realty Law Digest

Scott Mollen discusses "Family Health Mgmt. v. Rohan Dev.," and "Neighborhood Housing Assoc. LLC v. Covington."
12 minute read

Daily Business Review

Landlords Try to Stop Rent Control Initiative in Florida

"It is adverse and antagonistic to the public interest and to the interests of the Plaintiffs and their members to allow the Rent-Control Ordinance to be placed on the ballot or enforced by Orange County where the Ordinance is unlawful and invalid," the associations said in court papers.
3 minute read

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