New York Law Journal | Expert Opinion
By Scott E. Mollen | January 14, 2020
In his Realty Law Digest, Scott E. Mollen discusses "Xiang Fu He v. Troon Management," "261/271 Seaman Ave. LLC v. Jordaan," and "Cuomo v. The East Williston Union Free School Dist."
New York Law Journal | Expert Opinion
By Scott E. Mollen is a partner at Herrick, Feinstein. | December 3, 2019
In his Realty Law Digest, Scott E. Mollen discusses 'Village Green at Sayville v. Town of Islip,' and 'JJ 201 LLC v. 201 E. 62nd Apt. Corp.'
New York Law Journal | Expert Opinion
By Anthony S. Guardino | November 26, 2019
Courts typically defer to a local zoning board's decision on an application for an area variance—as long as the board has considered and weighed all of the required factors.
By Charlotte A. Biblow | September 25, 2019
In her State Environmental Regulation column, Charlotte Biblow discusses how the New York Green Bank has become a significant player in clean energy finance throughout the state and writes that "having a working familiarity with the NYGB and its goals and operations may help attorneys best advise their "green" clients on obtaining the financing they need for their operations."
New York Law Journal | Expert Opinion
By Anthony S. Guardino | September 24, 2019
Although use variances are recognized under New York law, courts rarely uphold decisions to grant them – and rarely reverse decisions denying them. Property owners should carefully weigh the costs of applying for a use variance against the high probability that they ultimately may not be successful.
New York Law Journal | Expert Opinion
By Scott E. Mollen | August 6, 2019
In his Realty Law Digest, Scott E. Mollen discusses ‘Matter of AIH Group v. C.J.F. & Sons,’ which is of interest because the decision stated the conditions necessary to protect an adjoining property owner and many of these disputes—which have become very common in New York City—are resolved through negotiated agreements not available to the public. He also discusses the Landlord-Tenant case ‘186 Norfolk LLC v. Euvin,’ where the court denied an occupant’s claim for succession; and 'Matter of Greentree Found. v. Mammin,’ where it was found that a board of zoning appeals improperly based its decision on submissions that were not provided to the petitioner.
New York Law Journal | Expert Opinion
By Scott E. Mollen is a partner at Herrick, Feinstein. | July 23, 2019
In his Realty Law Digest, Scott E. Mollen discusses “Omega SA v. 375 Canal,” a “novel” case where a watchmaker was awarded $1.1 million in damages against its landlord based on the landlord's contributory trademark infringement, and “Matter of C&B Realty #3, where the BZA's denial of an off-street parking variance was annulled for lack of substantiated evidence.
New York Law Journal | Expert Opinion
By Anthony S. Guardino | July 23, 2019
In his Zoning and Land Use Planning column, Anthony Guardino discusses "Knick v. Township of Scott, Pennsylvania," where the U.S. Supreme Court, overruling its own decision from 1985, has decided that a takings claim against a state or local government can be heard in federal court as soon as property is taken—even if there is a procedure available to determine the amount of compensation payable to the property owner.
New York Law Journal | Analysis
By James Power | July 22, 2019
A zoning lot merger may be used to transfer unutilized development rights from one or more contiguous parcels to another that is under separate ownership.
New York Law Journal | Expert Opinion
By Scott E. Mollen | July 9, 2019
In his Realty Law Digest, Scott E. Mollen discusses “Dynamic Energy Solutions LLC v. Pinney,” a land use case involving New York's anti-“SLAPP” statute, and “295 Broadway Realty v. Alqushi,” a commercial landlord-tenant case where the court found that a corporate agent did not have personal liability based on his signature.
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