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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 29, 2023 | New York Law Journal

Distinguished Leader: Belinda G. Schwartz

Chair of Herrick, Feinstein LLP
4 minute read
September 27, 2023 | New York Law Journal

To Reinstate or Not To Reinstate Debt? That Is the Question in a Rising Interest Rate Environment

This article provides an overview of reinstatement, explores the facts that led the 'Charter' court to allow reinstatement and the 'Young Broadcasting' court to reject it and explains how the rising interest rate environment may affect Chapter 11 plan confirmations.
12 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
PIM Brands Inc. v. Haribo of Am. Inc.
Publication Date: 2023-09-25
Practice Area: Intellectual Property
Industry: Food and Beverage | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Justice Bibas
Attorneys:
For plaintiff: Jonathan Z. King and Richard S. Mandel (Cowan, Liebowitz & Latman, P.C.); Leah Kelman and David R. King (Herrick, Feinstein LLP)
For defendant: Michael Cukor (McGeary Cukor LLC); Mark J. Liss, Tamara A. Miller, and Laura M. Schaefer (Leydig, Voit & Mayer, Ltd.)
Case number: 22-2821

Color and Shape of Watermelon-Flavored Candy Were Functional by Helping Candy Resemble Watermelon Wedge

Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

View more book results for the query "'Herrick Feinstein'"

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
Worms v. Rozhkov
Publication Date: 2023-09-11
Practice Area: Bankruptcy
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Denny Chin
Attorneys:
For plaintiff: For Appellant: Victor A. Worms, Law Offices of Victor A. Worms, New York, NY.
For defendant: For Appellee: Rachel H. Ginzburg, on the brief, Stephen B. Selbst, Herrick, Feinstein LLP, New York, NY.
Case number: 21-2238

$55,000 Sanction on Counsel Flouting Discovery in Bankruptcy Proceedings Is Upheld

September 07, 2023 | New York Law Journal

RPAPL §2001 Does Not Serve As Time-Bar to Condominium Board Requesting That Unit Owner Remove Structures From Outdoor Space

This article discusses a recent case filed by a condominium unit owner that touches on concerns related to the use of outdoor space associated with a cooperative or condominium apartment, such as who actually owns the space and if costs associated with the use of outdoor space can be charged.
5 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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