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October 01, 2024 | New York Law Journal

Municipalities Not Exempt From Vicarious Liability: This Week in Scott Mollen's Realty Law Digest

Scott 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."
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 Digest

Scott 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.
17 minute read
September 17, 2024 | New York Law Journal

Condo Unit Owner Counterclaims Against Board; Irregularities in a Lease Guaranty; Foreclosure Intervention: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Board of Mgrs. of the Promenade Condominium v. Eshaghpour," "130 Greene TIC LLC v. Brown," and "JP Morgan Chase Bank v. Lafond."
15 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 Digest

Scott 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.
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 Digest

Scott 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."
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 Digest

Scott Mollen discusses "COD, LLC v. Ljuljdjuraj," and "Rojas v. Roche."
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 Digest

Scott Mollen discusses "New York University v. City of New York," and "724 Management LLC v. Santander Bank."
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 Digest

Scott Mollen discusses "62-64 Third Ave LP v. Elvis Café," and "Trento 67 v. OneWest Bank."
18 minute read
August 06, 2024 | New York Law Journal

Standard for Pleading Fraudulent Deregulation: This Week in Scott Mollen's Realty Law Digest

Scott 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."
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 Digest

Scott Mollen discusses "Masseroli v. Gatfield," and "U.S. Bank, National Association v. Nosratabdi."
13 minute read