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By Scott Mollen | October 3, 2023
Scott Mollen discusses "Mrishaj v. Moore," which held that RPAPL §853 does not protect shareholders against misconduct by neighboring shareholders, and "Kennedy Plaza Tower v. Leffler" where the court held that an ERAP application cannot be used to delay eviction.
15 minute read
By Erik Sherman | October 3, 2023
The threat of bankruptcy leave property owners with a set of tough options.
3 minute read
By Colleen Murphy | October 2, 2023
"This case concerns a challenge to the scope and limitation of the emergency powers statute, RCW 43.06.220, and whether the governor exceeded statutory or constitutional authority in issuing eviction moratorium proclamations in response to the COVID-19 pandemic," Justice Charles W. Johnson wrote in his dissent. "I would hold that the governor exceeded statutory authority when issuing the eviction moratorium proclamations."
5 minute read
By Scott Mollen | September 26, 2023
Scott Mollen discusses "169-175 Operating LLC v. The Estate of German Marrero," dealing with the succession fights of an incarcerated individual to his deceased father's regulated apartment, and "57th & 7th Associates, L.P. v. Osborne Tenants Corp." where the court held that the landlord's acceptance of rent did not constitute a waiver of prohibition on outdoor seating.
11 minute read
By Scott Mollen | September 19, 2023
Scott Mollen discusses 'WCB Holdings, LLC v. 421 W 14 Lessee,' 'US Bank N.A. v. Johns,' and '609 West Associates, L.P. v. Estrella.'
13 minute read
By Gregory Plotko and Marissa Higgins | September 17, 2023
In this article, Gregory Plotko and Marissa Higgins discuss in substance the most pressing issues for both landlords and tenants in the event of a WeWork bankruptcy filing under the U.S. Bankruptcy Code.
8 minute read
By Cheryl Miller | September 14, 2023
New York will start accepting applications for general adult-use cannabis business licenses Oct. 4. But there are a lot of questions still left to answer in the coming weeks, two Foley Hoag partners said.
8 minute read
By Scott Mollen | September 12, 2023
Scott Mollen discusses "Cucs W. 127th Street LLC v. Ebstessam Eshaq," Where an eviction proceeding on a 'hoarder' tenant was dismissed, and "River Place II, LLC v. Daniel C. Hurd," a nuisance holdover proceeding where a "no-cure" provision of a stipulation was held to be void against public policy.
14 minute read
By Alex Anteau | September 11, 2023
There was some debate among the judges regarding whether a child simply holding the weapon at an apartment complex was a crime.
5 minute read
By Nativ Winiarsky | September 6, 2023
It has long been understood that if a building which is a multiple dwelling does not have a certificate of occupancy, the owner may not maintain a non-payment proceeding for the recovery of rent. Despite the seeming clarity of the rule, issues concerning a lack of this certificate have spawned considerable litigation, often leading to a surprising number of disparate and conflicting results.
11 minute read
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