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October 06, 2020 | New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein, "Magid v. Waldman," and "1267 Rogers Ave. LLC v. First American Title Ins. Co."
16 minute read
October 06, 2020 | New York Law Journal

Conditional Limitation v. Condition Subsequent: An Important Distinction in the COVID-19 Age

As commercial rent defaults significantly increase due to the COVID-19 pandemic, practitioners reviewing the default provisions in their clients' commercial leases must ask themselves a crucial question: Does the provision set out a conditional limitation or a condition subsequent? The answer to this arcane question—which can trip up even experienced attorneys—will determine the forum in which an owner can recover possession.
7 minute read
September 15, 2020 | New York Law Journal

Realty Law Digest

Scott Mollen discusses "Center for Specialty Care v. CSC Acquisition I," where it was held the court must recalculate the damages award for breach of lease and guaranty agreements, and "Eubanks v. Kinsler," where a landlord's refusal to sign city FHEPS forms constituted unlawful income discrimination.
18 minute read
September 04, 2020 | Daily Report Online

Nelson Mullins, Ex-Partner Face Malpractice Claims Over EB-5 Visa Work

The complaint said former Nelson Mullins partner Steve Park worked to set up a competing operation to market EB-5 visas while still serving a corporate counsel for Southern States Regional Center.
6 minute read
August 25, 2020 | New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Angel v. Strulovich," and "Rainford Mgmt. Corp. v. 207 Van Buren."
14 minute read
June 18, 2020 | Daily Business Review

Two-Tower Sunny Isles Beach Apartments Secure $97M Construction Loan

The Brunetti Organization, whose late patriarch owned the Hialeah Park racetrack, is developing the towers.
2 minute read
June 02, 2020 | Daily Business Review

Florida Cannabis Company Claims Industry Leader Took Its Stake by Fraud

The complaint accuses New York-based Columbia Care of quietly dealing with a partner to grab Florida MCBD's stake in a joint venture.
3 minute read
May 15, 2020 | New York Law Journal

COVID-19 and the Future of Business Contracts

In the context of the current pandemic, a discussion of the principles courts have traditionally looked to in addressing claims that nonperformance of contracts should be excused because of external events.
7 minute read
May 15, 2020 | New York Law Journal

#ClosedByCOVID: The City's Power To Save Our Small Businesses

The City has the legal authority to suspend rents for commercial tenants impacted by the pandemic and stabilize commercial rents in the long term.
9 minute read
May 07, 2020 | New York Law Journal

GM's 'Mistaken' Contract Citation Did Not Admit Wrongful Death Liability, 2nd Circuit Rules

The plaintiff argued that the "distinct and discreet" language could include his wrongful death claim and that GM was bound by its supposed admission throughout the proceedings.
3 minute read

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