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November 29, 2022 | New York Law Journal

Realty Law Digest

Scott Mollen discusses "Zelik v. Rubashkin," where it was held that summary judgment is denied when contradictory claims require a trial for resolution, and "Brinkmann v. Town of Southold" where a takings clause claim was held not stated – the land at issue taken for a park did not bestow a private benefit.
12 minute read
November 22, 2022 | New York Law Journal

Realty Law Digest

Scott Mollen discusses two landlord-tenant cases: "West 49th St., LLC v. O'Neill," and "Apartment Owners Advisory Council v. Marks."
19 minute read
November 15, 2022 | New York Law Journal

Realty Law Digest

Scott Mollen discusses 'Lee v. Hootnick,' and '1995 CAM LLC v. West Side Advisors, LLC.'
12 minute read
November 08, 2022 | New York Law Journal

Realty Law Digest

In this week's Realty Law Digest, Scott Mollen discusses two landlord-tenant cases, "River Park Residences v. Williams," and "Kelly v. Williams."
14 minute read
November 01, 2022 | New York Law Journal

Realty Law Digest

In this week's Realty Law Digest column, Scott Mollen discusses "Matter of Barnes Rd. Area Neighborhood Assn. v. Planning Bd. of the Town of Sand Lake," where it was held that the court could not use its own judgment to overrule the determination by the town's planning board, and "Gunsalus v. County Of Ontario," where a home's sale at foreclosure was set aside because it was determined to be not a transfer for a reasonably equivalent value.
16 minute read
Law Journal Press | Digital Book Georgia Construction Law Handbook 2024 Authors: T. BART GARY, JAKE CARROLL View this Book

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October 25, 2022 | New York Law Journal

Realty Law Digest

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.
16 minute read
October 18, 2022 | New York Law Journal

Realty Law Digest

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.
17 minute read
October 11, 2022 | New York Law Journal

Realty Law Digest

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.
14 minute read
October 04, 2022 | New York Law Journal

Realty Law Digest

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.
15 minute read
September 27, 2022 | New York Law Journal

Realty Law Digest

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.
14 minute read

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