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New York Law Journal

Actual Authority in Agency Law; Equitable Rights of Redemption: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses Penichter v. Schroeder," and "DCH LEX Propco GP v. YS 541 Lexington Holdings."
12 minute read

New York Law Journal

Brokers' Commission; Preferential Rent: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Besen Partners LLC v. 36 W. 128th, LLC," concerning a dispute over brokers' commission, and "201 East 164th Street Associates LLC v. Calderon," where the court found that the subject lease directly referenced a rider.
13 minute read

New York Law Journal

Frustration of Right To Tender Mortgage Arrears; Guaranty Agreements: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Flushing Bank v. Cory Realty" and "231/249 W. 39 St. Assocs. v. Chan."
15 minute read

New York Law Journal

Who Bears Responsibility for Required Condo/Co-Op Apartment Repairs?

In cases where building management and the unit owner disagree on who bears responsibility for making the repairs and/or who bears the repair costs, the attorney's role, whether in representing the cooperative or condominium board on the one side or the opposing apartment shareholder or condominium residential or commercial unit owner on the other, is to focus on the several important tasks, discussed here.
12 minute read

New York Law Journal

Statute of Limitations for Mortgage Foreclosure Actions; Illegal Lockout Proceeding: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Bank of N.Y. Mellon v. DeMatteis," where the court held that the bankruptcy stay pursuant to Section 362(a)(1) (§362) "tolls the [statute of limitations] for commencing a mortgage foreclosure action against the defendant debtor, regardless of whether that defendant owns the property at the time of the bankruptcy filing," and "Knowles v. 21st Mtge. Corp.," a landlord-tenant case where the court held that the tenant's failure to pay bills did not constitute abandonment of property.
19 minute read

New York Law Journal

The Well-Intended Human Rights Violation

Regardless of intent, residential real estate professionals, owners, and landlords in New York could be violating New York's complex human rights law. Here, attorney, Cori Rosen, the expert human rights attorney at Rosenberg & Estis, along R&E members Gary Rosenberg and Ethan Cohen, explore the obligations of real estate professionals, and the best ways to mitigate exposure to opportunistic litigation.
8 minute read

New York Law Journal

Illegal Lockout; Unpaid Assessments and Maintenance; Nonpayment Eviction: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Oneway Boutique v. 681 Bay," "36 W. 35th Apt. Corp. v. Oliveira," and "2108 Amsterdam LLC v. Rodriguez."
14 minute read

New York Law Journal

Laches Defense, Unclear Proxy Language, Action to Quiet Title: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Renaissance Equity Holding LLC v. Ford," "Fowley v. Letitia James, as Attorney General of the State of New York," and "Hamilton v. Financial Freedom Acquisition."
19 minute read

New York Law Journal

New York, New Jersey Adopt Laws Requiring Flood Risk Disclosure for Homebuyers, Tenants

In the wake of several incidents of unprecedented rainfall and disastrous flooding, both New York and New Jersey have adopted laws requiring the sellers of residential properties to tell buyers, and landlords to tell tenants, about known flood risks.
7 minute read

New York Law Journal

Retroactive Application of FAPA; Guarantor Liability: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "U.S. Bank Trust NA v. Miele," involving the the constitutionality of a retroactive application of the Foreclosure Abuse Prevention Act and "Forty Seventh Fifth Co. v. Abraham," dealing with guarantor liability for a tenant's rent.
17 minute read

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