Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Expert Opinion
By Scott Mollen | October 25, 2022
This week in his Realty Law Digest column, Scott Mollen discusses "Haimovici v. Castle Vil. Owners Corp.," a lease termination action where records of the tenant's misconduct precluded a preliminary injunction, and "Application of Voice of Gowanus v. City of New York," where a challenge to Gowanus rezoning was dismissed due to a failure to show that the environmental review was capricious.
New York Law Journal | Expert Opinion
By Ezra Dyckman and Charles S. Nelson | October 25, 2022
On Aug. 16, President Joe Biden into law the "Inflation Reduction Act," which, among other things, extended the limitation on the deduction of certain business losses from Jan. 1, 2027 to Jan. 1, 2029. The authors believe that this extension provision, although not highly publicized, could have a significant effect on businesses that have tax losses, including rental real estate businesses.
New York Law Journal | Expert Opinion
By Scott Mollen | October 18, 2022
Scott Mollen discusses "Mackey v. My Little Saltbox, LLC," where intentional misrepresentations in a real estate transaction barred a motion to dismiss, and "Torres v. Marrero" where Anti-SLAPP pleading standards were found to apply to a defamation suit between bickering neighbors.
New York Law Journal | Expert Opinion
By Adrienne B. Koch | October 18, 2022
This article—the second in a three-part series examining common features of real estate transactions that can benefit from a litigation analysis in the negotiation phase—focuses on two of those aspects: statutes of limitations and waivers of duties.
New York Law Journal | Expert Opinion
By Scott Mollen | October 11, 2022
Scott Mollen discusses "Colgate Inn v. Eberhardt," where the court found that the subject lease granted the Inn owner access to an Inn lessee's records regarding the Inn's transactions, and "2875 W. 8th St. Assoc., L.P. v. Bonomo," where the court allowed a tenant to cure a default with a conditional Yellowstone injunction.
New York Law Journal | Expert Opinion
By Peter E. Fisch and Salvatore Gogliormella | October 11, 2022
Although specific performance is an important remedy in real estate transactions, it is a remedy disfavored by the courts. In their Transactional Real Estate column Peter E. Fisch and Salvatore Gogliormella discuss how, under certain circumstances, particularly in the case of sale-leasebacks, a specific performance clause may not be enforced by the courts.
New York Law Journal | Expert Opinion
By Scott Mollen | October 4, 2022
Scott Mollen discusses "Bd. of Mgrs. of the 207-209 E. 120th St. Condo v. Dougan,' where a condo's by-laws did not show intent to require the unit owner to pay attorneys' fees, and "Forest Enters. Mgt. Inc. v. County of Warren," where the court found that EDPL provides additional allowance for attorneys' and appraisal fees.
New York Law Journal | Expert Opinion
By Patricia Kane | September 27, 2022
In this week's Realty Law Digest, Scott Mollen discusses "Miyamoto v. Bank of America," where a reverse mortgagor's lawsuit was only partly dismissed, and the court held that the negligence claim can proceed against Bank of America; and "Mitchell v. Jackson," where non-monetary obligations under the lease were held to sufficiently establish consideration.
New York Law Journal | Expert Opinion
By Anthony S. Guardino | September 27, 2022
Following a decision in late August by the U.S. Court of Appeals for the Second Circuit, three members of the Shinnecock Indian Nation will have the opportunity to challenge state restrictions on their right to fish in Shinnecock Bay.
New York Law Journal | Expert Opinion
By Scott Mollen | September 20, 2022
Scott Mollen discusses the land use case "South St. Seaport Coalition v. City of New York," where the court denied a petition challenging development in a historic district.
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