New York Law Journal | Expert Opinion
By Ezra Dyckman and Charles S. Nelson | December 21, 2021
In their Real Estate Financing column, Ezra Dyckman and Charles Nelson discuss the Hurricane Ida relief issued by the IRS which may provide a significant benefit to certain taxpayers in the NYC area that are engaging in Section 1031 exchanges, however they warn that the consequences of failing to meet a Section 1031 deadline are severe.
New York Law Journal | Expert Opinion
By Bruce J. Bergman | December 15, 2021
In his Foreclosure Litigation column, Bruce Bergman discusses the recent decision in 'HSBC Bank USA, N.A. v. Shah,' where the defendant argued that the foreclosing plaintiff failed to demonstrate strict compliance with the 90-day letter pre-foreclosure notice provision. He writes that the case "offers a modicum of solace, under concededly limited but not so uncommon circumstances."
New York Law Journal | Expert Opinion
By Scott Mollen | December 14, 2021
Scott Mollen discusses "Chrysafis v. Marks," and "R.J. Rose Realty v. Beyond Costumes Inc."
New York Law Journal | Expert Opinion
By Ann E. Ryan and Adrienne B. Koch | December 14, 2021
The challenges and uncertainties faced by many commercial tenants during the COVID-19 pandemic have led parties to spend more time and attention on lease provisions relating to termination. In Part 3 of their series "Leasing After COVID," Ann Ryan and Adrienne Koch examine two types of termination provisions that have received particular attention in recent months: co-tenancy and gross sales "kick-out" provisions.
New York Law Journal | Expert Opinion
By Scott Mollen | December 7, 2021
In his latest Realty Law Digest, Scott Mollen discusses 'W. Houston Prop. v. NY Pilates NYC,' where the landlord failed to plead allegations sufficient to state a cause of action for alter ego liability, and 'Higgins v. 120 Riverside Blvd. at Trump Place Condominium,' where the plaintiff was denied relief under the FHA for failure to state a claim.
New York Law Journal | Expert Opinion
By Adam Leitman Bailey and John M. Desiderio | December 7, 2021
Adam Leitman Bailey and John M. Desiderio discuss the factors that should be looked for and considered to support a finding of the requisite injury needed for a preliminary injunction.
New York Law Journal | Expert Opinion
By Scott Mollen | November 30, 2021
Scott Mollen discusses 'Wilmington Savings Fund Society v. 6 Turtle Knoll,' 'Locon Realty v. Safisas Corp.,' and 'Leya v. Kodicek.'
New York Law Journal | Expert Opinion
By Warren A. Estis and Alexander Lycoyannis | November 30, 2021
Warren A. Estis and Alexander Lycoyannis discuss 'Melendez v. City of New York,' where a group of New York City owners commenced n district court action for a judgment declaring the Guaranty Law unconstitutional and for an injunction permanently enjoining its enforcement.
New York Law Journal | Expert Opinion
By Anthony S. Guardino | November 23, 2021
Government officials at the federal, state and local levels are taking action to allow property owners to more easily create housing from vacant or underutilized commercial properties.
New York Law Journal | Expert Opinion
By Scott Mollen | November 23, 2021
Scott Mollen discusses three landlord-tenant cases: "Rochdale Vill. Inc. v. Chadwick," "901 Bklyn Realty LLC v. Manigat," and "Morrissey v. 400 W. 59th Partners."
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