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Sui Generis: Draft Leases Like You Mean It

The automatic acceptance of various boilerplate clauses in commercial leases in the face of jurisprudential modernity and evolving legal approaches is dangerous. The evolutionary exploits of a commercial lease aren't done yet, nor should they be.
8 minute read

New York Law Journal

Voluntary Discontinuance and the Statute of Limitations; DHCR's Discretion: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "HSBC Bank USA, N.A. v. Nicholas," and "71st Props. LLC v. New York State Div. of Hous. & Community Renewal."
15 minute read

New York Law Journal

Advocates To Push for Statewide Right-to-Counsel Law for New York Tenants Facing Eviction

The bill asks for the Empire State to follow in the footsteps of New York City, which in 2017 became the first city in the country to enact a right to counsel for tenants facing eviction.
4 minute read

The Recorder

Landlord-Tenant Suit Accuses Attorney, Property Owners of Pursuing Eviction to Raise Rent to 'Market-Level'

This case was first surfaced by Law.com Radar.
5 minute read

New York Law Journal

Retroactive Application of FAPA; Licensee Holdover Proceeding: This Week in Scott Mollen's Realty Law Digest

      Reverse Mortgage Foreclosure—RPAPL 1501 Complaint Reinstated—Foreclosure Abuse Prevention Act (FAPA)—CPLR 213(4)(b)—Lender…
12 minute read

New York Law Journal

Property Owner Sues Court System Over Growing Delays in NYC Landlord-Tenant Proceedings

The plaintiffs argue that housing courts routinely violate provisions of the state's real property laws that allow for summary proceedings in eviction matters which were originally designed "as the affordable and expeditious alternative to actions in equity seeking ejectment," but which "have been transformed into an inefficient system tilted decidedly against the protection of landowner's rights to their property."
4 minute read

New York Law Journal

CPLR 3213: The Procedural Mechanism for an Expedited Money Judgment

If used appropriately, a CPLR 3213 motion for summary judgment in lieu of complaint is a useful tool that can provide a landlord with an accelerated money judgment against a guarantor without the need to engage in costly and time-consuming formal pleadings, lengthy discovery, and other motion practice.
8 minute read

New York Law Journal

SCOTUS Declines to Hear Challenges to NYC's Rent Stabilization Laws

The decision comes several months after the high court denied cert for similar challenges to rent stabilization brought by the landlord groups Community Housing Improvement Program and the Rent Stabilization Association.
3 minute read

New York Law Journal

'Yellowstone' Injunctions: Navigating the Wild West of Commercial Lease Disputes

Yellowstone injunctions are implicated in many leases for commercial real estate property in New York State, however most landlords and tenants do not know what it is or how it affects them. This article offers an overview of their implications so that commercial landlords and tenants can better navigate lease disputes.
6 minute read

New York Law Journal

Violation of Cannabis Law; Succession Rights of Non-Traditional Family Members: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "The City of New York v. The Land and Building Known as 634 Nostrand Avenue a/k/a 1192 Dean Street," and "Stuyvesant Owners Inc. v. Frantino."
11 minute read

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