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November 07, 2023 | New York Law Journal

Retroactive Application of FAPA; Guarantor Liability: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "U.S. Bank Trust NA v. Miele," involving the the constitutionality of a retroactive application of the Foreclosure Abuse Prevention Act and "Forty Seventh Fifth Co. v. Abraham," dealing with guarantor liability for a tenant's rent.
17 minute read
October 31, 2023 | New York Law Journal

Landlord-Tenant Rent Overcharges: This Week in Scott Mollen's Realty Law Digest

In his Realty Law Digest, Scott Mollen discusses 'Aras v. B-U Realty Corp,' dealing with rent overcharges. He writes: "Given the extensive analysis and arguments as to the statutory law, administrative regulations and judicial precedent involving rent overcharge claims, lawyers who address overcharge issues would benefit from reading this opinion."
15 minute read
October 24, 2023 | New York Law Journal

'Peacable' Self-Help and 'Willful Misconduct': This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "128 Second Realty LLC v. Toscana Pizza Inc.," where the court ruled that voluntary abandonment of premises defeated the defendant's counterclaims, and Manhattan Chrystie Street Development Fund, LLC v. The Witkoff Group" dealing with the concept of "willful misconduct" where the court held that in this case, "willful misconduct" constituted an action that was "voluntary and intentional, but not necessarily malicious."
18 minute read
October 17, 2023 | New York Law Journal

Local Zoning Laws; ERAP: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Town of Orangetown, NY v. Armoni Inn & Suites," and "Gentles v. Day."
15 minute read
October 10, 2023 | New York Law Journal

'Time of the Essence' Letter; Tenancy Rights Under an 'Employment Apartment Lease Agreement': This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Hansen Family Invs., LLC v. Rabadi," involving a dispute arising from a failed sale of a condominium apartment, and "COD LLC v. Ljuljdjuraj," where the court held that a fired building superintendent had tenancy rights under his lease.
15 minute read
Law Journal Press | Digital Book Connecticut Landlord and Tenant Law with Forms Third Edition (2020) Authors: NOBLE F. ALLEN View this Book

View more book results for the query "Realty Law Digest"

October 03, 2023 | New York Law Journal

Rights of Lessees Against Neighboring Lessees; ERAP Application Cannot Be Used To Delay Eviction: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Mrishaj v. Moore," which held that RPAPL §853 does not protect shareholders against misconduct by neighboring shareholders, and "Kennedy Plaza Tower v. Leffler" where the court held that an ERAP application cannot be used to delay eviction.
15 minute read
September 26, 2023 | New York Law Journal

Incarcerated Son Seeks Succession Rights; Waiver of Bargained for Lease Provisions: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "169-175 Operating LLC v. The Estate of German Marrero," dealing with the succession fights of an incarcerated individual to his deceased father's regulated apartment, and "57th & 7th Associates, L.P. v. Osborne Tenants Corp." where the court held that the landlord's acceptance of rent did not constitute a waiver of prohibition on outdoor seating.
11 minute read
September 19, 2023 | New York Law Journal

Commercial Tenant Harassment; Retroactivity of FAPA; Nonpayment Proceeding: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses 'WCB Holdings, LLC v. 421 W 14 Lessee,' 'US Bank N.A. v. Johns,' and '609 West Associates, L.P. v. Estrella.'
13 minute read
September 12, 2023 | New York Law Journal

Eviction Proceeding on 'Hoarder' Tenant Dismissed; No-Cure Provision Held Void as Against Public Policy: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Cucs W. 127th Street LLC v. Ebstessam Eshaq," Where an eviction proceeding on a 'hoarder' tenant was dismissed, and "River Place II, LLC v. Daniel C. Hurd," a nuisance holdover proceeding where a "no-cure" provision of a stipulation was held to be void against public policy.
14 minute read
September 05, 2023 | New York Law Journal

Piercing the Corporate Veil; Contempt Ruling Based on Failure To Comply: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Hieber Astoria LLC v. Taverna where the subject complaint was held to sufficiently state a pierce the corporate veil claim," and "Matter of Samaritan-Compass VI Housing Development Fund Corporation v. 1293-95 Rodman, where the Appellate Division affirmed a trial court granting of a petitioner's motion to hold the respondent in contempt of an order granting petitioner access to the respondent's property.
10 minute read

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