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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 Predictably, the outdated and varied methodologies have returned mixed and contradictory results.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
Appellate Division, First Department: November 20, 2023
Publication Date: 2023-11-20
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:November 16, 2023

November 15, 2023 | The American Lawyer

Herrick Feinstein Lures Restructuring Partner From Jenner & Block

Robert Gordon arrives with more than 30 years of experience representing companies, creditors, directors and others in workouts and bankruptcy proceedings.
2 minute read
November 14, 2023 | New York Law Journal

Private Nuisance and 'Extremely Contentious Disputes': This Week in Scott Mollen's Realty Law Digest

In his Realty Law Digest, Scott Mollen discusses 'Theroux v. Resnicow' dealing with private nuisance and "extremely contentious disputes among neighboring co-op shareholders."
19 minute read
November 07, 2023 | New York Law Journal

Retroactive Application of FAPA; Guarantor Liability: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "U.S. Bank Trust NA v. Miele," involving the the constitutionality of a retroactive application of the Foreclosure Abuse Prevention Act and "Forty Seventh Fifth Co. v. Abraham," dealing with guarantor liability for a tenant's rent.
17 minute read
November 02, 2023 | The American Lawyer

Big Law Firms Call on Top Law Schools to Condemn Anti-Israel Protests, Harassment

A group of more than 200 leading law firms implored law schools to reign in "anti-Semitic activities" on campus as Israel's response to the Oct. 7 attacks draws protest worldwide.
8 minute read

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