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By Scott Mollen | March 7, 2023
Scott Mollen discusses "Horizon Realty of Mt. Vernon LLC v. Dabbs," where an ERAP stay was lifted as being inequitable to the landlord who had already suffered in the lengthy process, and "McWhinney v. Rockland Cider Works," where defendants were preliminarily enjoined from operating a cidery that would hurt surrounding property values.
18 minute read
By Stephanie Friese | March 2, 2023
Notwithstanding the importance of a lease to the balance sheets of both landlords and tenants, surrender provisions are commonly glossed over and consequences can be detrimental to either side.
6 minute read
By Emily Cousins | March 1, 2023
"Whether it's a sense of desperation or entitlement, there are more people claiming hardship as a result of COVID-19, which I absolutely understand," Attorney David Rosenberg said. "But somehow that remedy is being shifted to landlords"
4 minute read
By Lisa Willis | February 16, 2023
"Notwithstanding this error, we are compelled to affirm the summary judgment order on the tenant's claims based on the 'tipsy coachman doctrine,'" Judge Jeffrey T. Kuntz wrote for the appellate panel.
5 minute read
By Scott Mollen | February 7, 2023
Scott Mollen discusses "SEZ Foster LLC v. City of New York," where the court held that City of New York is not precluded from arbitrating land's fair market value, and "Potanovic v. Town of Stony Point," where the court dismissed a Section 1983 action alleging that the town violated First Amendment free speech rights, by omitting the public input part of town board meetings from Facebook live.
16 minute read
By George M. Heymann | February 6, 2023
Since its inception, ERAP has put a tremendous strain on landlords seeking to have their cases heard on the merits due to the tremendous backlog of cases that are either awaiting determinations from OTDA, or having a motion heard by the court to vacate a stay in effect.
19 minute read
By Riley Brennan | February 1, 2023
"We disagree with Pine Hill that a trial court abuses its discretion if it imposes a default judgment as a discovery sanction when the opposing party has not been prejudiced by the delay," the Virginia Court of Appeals said, affirming a lower court's order.
5 minute read
By Scott Mollen | January 31, 2023
Scott Mollen discusses "260-261 Madison Ave. LLC v. WeWork 261 Madison LLC," and NRP Mortgage Trust I v. 701 Elton Ave."
15 minute read
By ALM Staff | January 25, 2023
This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read
By Scott Mollen | January 24, 2023
Scott Mollen discusses "Palacio v. Moursy," where the court vacated the tenant's stipulation to vacate; and "Article 13 LLC v. Ponce de Leon Federal Bank" where denials of summary judgment in an action to Quiet Title to a Brooklyn property was explained.
15 minute read
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