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.
New York Law Journal | Expert Opinion
By Jeffrey B. Steiner and David Broderick | September 20, 2022
In their Real Estate Financing column, Jeffrey Steiner and David Broderick discuss the many considerations at play (and several negotiated provisions involved) in standard completion guaranties.
Corporate Counsel | Expert Opinion
By Anne Redcross Beehler and Andrey Spektor | September 14, 2022
When a company finds itself a victim of a crime, its legal team may feel uneasy picking up the phone and calling a local U.S. Attorney's Office. There is often good reason to be careful.
New York Law Journal | Expert Opinion
By Scott Mollen | September 13, 2022
Scott Mollen discusses 'West Side Marquis, LLC v. De Jourdan,' where it was held that a newly enacted rent control law supersedes a private agreement between the landlord and tenants; and 'Matter of Obus v. New York State Tax Appeals Tribunal,' where the court held that the petitioners' frequent use of their New York vacation home does not make them state residents.
New York Law Journal | Expert Opinion
By Kenneth M. Block | September 13, 2022
In his Construction Law column, Ken Block outlines several business terms which may be included in a Request for Proposal (RFP), and provides examples of how the owner may want to handle them.
New York Law Journal | Expert Opinion
By Scott Mollen | September 6, 2022
Scott Mollen discusses the land use case, "301 E. 66th Condominium Corp. v. City of New York," and a foreclosure action, "Majestic Holdings v. Wilmington Sav. Fund Socy."
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