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January 02, 2024 | New York Law Journal

Attorney Fees; Untimely Tax Assessment Challenge: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Stempeck v. Townhouse West 83rd," dealing with attorney fees, and "Coscia v. Town of Greenburgh," involving an untimely tax assessment challenge proceeding.
13 minute read
December 29, 2023 | New York Law Journal

Attorneys 'On the Move': Harter Secrest Adds Environmental Law Partner; New York Lawyers for the Public Interest Names New Co-Directors of Health Justice Program

And other announcements of recent hirings and promotions of New York attorneys.
4 minute read
December 26, 2023 | New York Law Journal

Brokers' Commission; Preferential Rent: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Besen Partners LLC v. 36 W. 128th, LLC," concerning a dispute over brokers' commission, and "201 East 164th Street Associates LLC v. Calderon," where the court found that the subject lease directly referenced a rider.
13 minute read
December 19, 2023 | New York Law Journal

Frustration of Right To Tender Mortgage Arrears; Guaranty Agreements: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Flushing Bank v. Cory Realty" and "231/249 W. 39 St. Assocs. v. Chan."
15 minute read
December 19, 2023 | New York Law Journal

Judiciary Law §487 in 2023

Judiciary Law §487 is a statute unique in regulation of the legal professional. Other professions are subject to their own disciplinary rules, other professions are subject to negligence claims, but none are subject to a 748-year-old treble damage statute which has been incorporated into the common law.
10 minute read
December 12, 2023 | New York Law Journal

Measuring Damages for a Partial Taking by the City of New York: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "City of New York v. Coney Island Plan (Wantanabe)," which involved a determination of the amount of "just compensation" to be awarded to a property owner based on the City of New York taking "part of the subject property."
19 minute read
December 05, 2023 | New York Law Journal

Statute of Limitations for Mortgage Foreclosure Actions; Illegal Lockout Proceeding: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Bank of N.Y. Mellon v. DeMatteis," where the court held that the bankruptcy stay pursuant to Section 362(a)(1) (§362) "tolls the [statute of limitations] for commencing a mortgage foreclosure action against the defendant debtor, regardless of whether that defendant owns the property at the time of the bankruptcy filing," and "Knowles v. 21st Mtge. Corp.," a landlord-tenant case where the court held that the tenant's failure to pay bills did not constitute abandonment of property.
19 minute read
December 01, 2023 | New York Law Journal

Divergent Paths of Crypto Fraud Enforcement: How Three Major U.S. Agencies Police Fraud

Because Congress has failed to enact modern legislation governing crypto assets, the DOJ, SEC and CFTC have been compelled to shoehorn their crypto-related fraud enforcement strategies into distinct schemes that are decades old. Predictably, the outdated and varied methodologies have returned mixed and contradictory results.
9 minute read
November 28, 2023 | New York Law Journal

Illegal Lockout; Unpaid Assessments and Maintenance; Nonpayment Eviction: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Oneway Boutique v. 681 Bay," "36 W. 35th Apt. Corp. v. Oliveira," and "2108 Amsterdam LLC v. Rodriguez."
14 minute read
November 21, 2023 | New York Law Journal

Laches Defense, Unclear Proxy Language, Action to Quiet Title: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Renaissance Equity Holding LLC v. Ford," "Fowley v. Letitia James, as Attorney General of the State of New York," and "Hamilton v. Financial Freedom Acquisition."
19 minute read

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