October 08, 2024 | New York Law Journal
Short-Term Rentals; Tax Foreclosure Proceedings: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "S&L Ludlow Realty v. Bridgeview Gallery," and "Matter of Heidi Seelbach."
By Scott Mollen
16 minute read
October 01, 2024 | New York Law Journal
Municipalities Not Exempt From Vicarious Liability: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "Gilead Cmty. Servs. Inc. v. Town of Cromwell," which is "of interest because it analyzes, inter alia, when punitive damages are available, when the amount of punitive damages may exceed the limits of constitutional due process and when a municipality may be subject to punitive damages based on the conduct of its officials."
By Scott Mollen
14 minute read
September 24, 2024 | New York Law Journal
Illusory Contract; Eviction Based on Illegal Use of Premises: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "Lewis v. Berger," involving an illusory contract, and "Aldot Holding Corporation v. Ninth Avenue Organic Deli," where a landlord alleged that the tenant was illegally using the premises for the retail sale of cannabis.
By Scott Mollen
17 minute read
September 10, 2024 | New York Law Journal
Deciphering an Illegible Deed; Baseless Objections to Receivership: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "Castaneda v. Serrano," involving an alleged forged deed, and "Federal National Mortgage Association v. 204 Ellery St." dealing with baseless objections to a receivership.
By Scott Mollen
14 minute read
September 03, 2024 | New York Law Journal
Injunctive Relief Freezing Defendant's Assets Requires More Than Suspicion: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "Conlon Holdings LLC v. Chanos & Company" which illustrates that "courts are reluctant to grant prejudgment injunctions based on mere allegations by a claimant that a defendant or respondent intends to dissipate assets."
By Scott Mollen
13 minute read
August 27, 2024 | New York Law Journal
Legal Fee Award; Constructive Trust, Unjust Enrichment, and Conversion: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "COD, LLC v. Ljuljdjuraj," and "Rojas v. Roche."
By Scott Mollen
16 minute read
August 20, 2024 | New York Law Journal
Standing To Challenge Zoning Resolution; Breach of Contract Action Against Bank: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "New York University v. City of New York," and "724 Management LLC v. Santander Bank."
By Scott Mollen
19 minute read
August 13, 2024 | New York Law Journal
Demolition Clauses; FHA COVID-19 Moratorium Tolling: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "62-64 Third Ave LP v. Elvis Café," and "Trento 67 v. OneWest Bank."
By Scott Mollen
18 minute read
August 06, 2024 | New York Law Journal
Standard for Pleading Fraudulent Deregulation: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "1532-1609 Ocean Ave LLC v. Hertzan" where the court held that common law fraud should no longer be the standard for pleading or proving fraudulent deregulation and that a "broader more flexible definition of fraud better serves the public policy behind rent stabilization."
By Scott Mollen
17 minute read
July 30, 2024 | New York Law Journal
Landlord Ordered To Return Security Deposit; Request To Stay Foreclosure Sale Denied: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "Masseroli v. Gatfield," and "U.S. Bank, National Association v. Nosratabdi."
By Scott Mollen
13 minute read