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October 31, 2023 | New York Law Journal

Landlord-Tenant Rent Overcharges: This Week in Scott Mollen's Realty Law Digest

In his Realty Law Digest, Scott Mollen discusses 'Aras v. B-U Realty Corp,' dealing with rent overcharges. He writes: "Given the extensive analysis and arguments as to the statutory law, administrative regulations and judicial precedent involving rent overcharge claims, lawyers who address overcharge issues would benefit from reading this opinion."
15 minute read
A3 Investments SA v. Linnett
Publication Date: 2023-10-27
Practice Area: Landlord Tenant Law
Industry:
Court: Supreme Court, New York
Judge: Justice James d'Auguste
Attorneys:
For plaintiff:
For defendant:
Case number: 157719/2018

Plaintiff's Spoliation of Evidence Results in Adverse Inference Charge

October 24, 2023 | New York Law Journal

'Peacable' Self-Help and 'Willful Misconduct': This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "128 Second Realty LLC v. Toscana Pizza Inc.," where the court ruled that voluntary abandonment of premises defeated the defendant's counterclaims, and Manhattan Chrystie Street Development Fund, LLC v. The Witkoff Group" dealing with the concept of "willful misconduct" where the court held that in this case, "willful misconduct" constituted an action that was "voluntary and intentional, but not necessarily malicious."
18 minute read
October 20, 2023 | Pro Mid Market

Who Got the Work: Forman Watkins Tapped to Defend Marathon Petroleum in Toxic Tort Class Action

Marathon Petroleum has tapped attorneys from Forman, Watkins & Krutz to fend off a pending toxic tort class action.
2 minute read
October 17, 2023 | New York Law Journal

Local Zoning Laws; ERAP: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Town of Orangetown, NY v. Armoni Inn & Suites," and "Gentles v. Day."
15 minute read
Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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October 10, 2023 | New York Law Journal

'Time of the Essence' Letter; Tenancy Rights Under an 'Employment Apartment Lease Agreement': This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Hansen Family Invs., LLC v. Rabadi," involving a dispute arising from a failed sale of a condominium apartment, and "COD LLC v. Ljuljdjuraj," where the court held that a fired building superintendent had tenancy rights under his lease.
15 minute read
October 03, 2023 | New York Law Journal

Rights of Lessees Against Neighboring Lessees; ERAP Application Cannot Be Used To Delay Eviction: This Week in Scott Mollen's Realty Law Digest

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
September 29, 2023 | New York Law Journal

Distinguished Leader: Belinda G. Schwartz

Chair of Herrick, Feinstein LLP
4 minute read
September 27, 2023 | New York Law Journal

To Reinstate or Not To Reinstate Debt? That Is the Question in a Rising Interest Rate Environment

This article provides an overview of reinstatement, explores the facts that led the 'Charter' court to allow reinstatement and the 'Young Broadcasting' court to reject it and explains how the rising interest rate environment may affect Chapter 11 plan confirmations.
12 minute read
September 26, 2023 | New York Law Journal

Incarcerated Son Seeks Succession Rights; Waiver of Bargained for Lease Provisions: This Week in Scott Mollen's Realty Law Digest

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

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