By Michael Casey and R.J. Rico | The Associated Press | June 20, 2023
After a lull during the pandemic, eviction filings by landlords have come roaring back, driven by rising rents and a long-running shortage of affordable housing.
7 minute read
By Allison Dunn | June 9, 2023
Despite a provision in a commercial lease that prohibited electronic notice, the Massachusetts Appeals Court sided with a tenant in holding that an email to its landlord constituted effective notice to opt out of an automatic five-year lease extension.
5 minute read
By ALM Staff | June 7, 2023
This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read
By Scott Mollen | June 6, 2023
This week, Scott Mollen discusses 'Kazoku LLC v. Bd. Of Mgrs. of the Museum Bldg." where the court held that board members who did not act in bad faith cannot be subject to personal liability, and the Landlord-Tenant case "Baldwin v. McCarry," where it was found that the landlord failed to prove that the use of the cooperative form of ownership did not in reality constitute a "de facto for-profit rental building."
17 minute read
By Gary M. Rosenberg, Alexander Lycoyannis and Brendan J. Derr | June 6, 2023
Litigators who overzealously move for summary judgment in lieu of complaint to enforce guaranties of both the payment of money and the performance of other obligations may have their motions denied by the court—wasting the client's time and money and undermining the purpose of moving under CPLR 3213.
7 minute read
By Jason Grant | June 5, 2023
The five-justice appellate panel wrote that "absent an expert affidavit, defendant [Belkin] failed to establish prima facie that its alleged negligence ... was not a proximate cause of plaintiff's losses."
6 minute read
By Scott Mollen | May 23, 2023
Scott Mollen discusses "Mutual Redevelopment Houses Inc. v. Metro. Transp. Auth," where an MTA's subway project was found to be exempt from environmental review and "Chai Found. Inc. v. NYS Div. of Hous. & Cmty. Renewal," where a DHCR rent reduction based on reductions in 'essential services' was upheld.
15 minute read
By ALM Staff | May 23, 2023
This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read
By Colleen Murphy | May 22, 2023
"Considering our longstanding, fundamental public policy favoring class actions, we hold there is no societal interest in enforcing a class action waiver in a contract that does not contain a mandatory arbitration provision and conclude that the class action waivers in this case are unenforceable as a matter of law and public policy," Judge Richard J. Geiger said.
5 minute read
By Scott Mollen | May 16, 2023
Scott Mollen discusses "West Mtn. Assets LLC v. Dobkowski," where parcel owners established exclusive possession, not adverse possession, of a disputed area, and "Diamond Back L VL LLC v. Reynolds," where after a tenant established its building had at least six units, the court held it was subject to rent stabilization.
16 minute read
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Professional Announcement
Frederick D. Miceli has joined the firm as Of Counsel
Professional Announcement
