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Articles by Scott E. Mollen
Prior Judgment Bars Tenant From Relitigating $9.1 Million Debt: This Week in Scott Mollen’s Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Commercial Landlord-Tenant—Nonpayment Proceeding—Tenant Collaterally Estopped to Contest Indebtedness Determined by a Prior Supreme Court Decision Which Held Tenant’s Guarantor Liable For $9,099,767.25—Business Record Exception to Hearsay Rule—Prior Supreme Court Decision Did Not Constitute ‘Law of the Case’—Expert Unnecessary to Explain Calculation—Calculation Was ‘Basic Arithmetic’ This decision involved a commercial nonpayment proceeding in...
Courts Rule on Non-Primary Residence and Rent Overcharge Claims: This Week in Scott Mollen’s Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Landlord-Tenant—Non-Primary Residence—Trial Courts Split on Impact of HSTPA of 2019 Changes to RPAPL 702 as to Ability to Sue for Legal Fees in Summary Eviction Proceeding—Court ‘Changed Its Thinking’ From a Prior Decision and Denied Petitioners’ Motion to Strike a Counterclaim for Attorney Fees—Discovery in Summary Eviction Proceeding Requires Demonstration of ‘Ample Need’—Notice of Non-Renewal Contained ‘Sufficient Factual Detail’ as to Why...
Courts Weigh Co-op Subletting and Rent-Regulation Disputes: This Week in Scott Mollen’s Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Co-ops—Shareholder Sued Co-op Corporation, Board of Directors, and Managing Agent, Alleging That Co-op Failed to Exercise Its Right of First Refusal Within the Proprietary Lease’s 15-Day Period, Had Wrongfully Rejected Proposed Subtenants, Had Caused Rent to Be Lost and Had Charged Unauthorized Sublet Fees—Motion to Dismiss Pursuant to CPLR 3211(a)(1) Denied Since Defendants Failed to Present Documentary Evidence That Was ‘Unambiguous, Authentic...
'Benezra’ and ‘Errico’: Appraisal and Tax Challenges Fall Flat
Scott Mollen, Partner at Herrick, Feinstein LLP Appraisal Allegedly Too High—Plaintiff Claimed Damages Because Appraisal Was Too High—Alleged That Mortgage Company Defendants Committed Negligence and Gross Negligence And Violated General Business Law (GBL) §349 and Appraiser Defendants Allegedly ‘Withheld Material Information From The Appraiser Resulting In An Erroneous Increased Valuation of the property’—Plaintiff Had to Close On the property or Risk Forfeiting His Down Payment—Motion To...
Property Encroachment and Commercial Lease Cure Disputes: This Week in Scott Mollen's Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Trespass—Easement by Prescription—Encroachment on Neighbors’ Property—Court Ordered Removal of Fence and Barred Neighbors From Occupying Disputed Strip and Barred Neighbors From Marketing the Disputed Strip as Part of Their Property A plaintiff commenced an action and had moved for injunctive relief against the owners of a neighboring property.
Condo’s Insurance Damages Claim Advances; Tenant Wins Fees in Rent-Stabilized Succession Fight: This Week in Scott Mollen’s Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Condominiums—Condo Permitted to Sue Insurer for Consequential Damages Arising From Water Damage—Declaratory Relief and Attorney’s Fees Claims Dismissed—Breach of Contract—Breach of the Implied Covenant of Good Faith and Fair Dealing—Bad Faith—Consequential Damages Included Costs for ‘Procuring Alternative Funding, Mitigating the Damage, Loss of Use of the Property, and Opportunity Costs While the Restorations Were Delayed’—Since Plaintiff...
Code Enforcement Counterclaims and FAPA Retroactivity: This Week in Scott Mollen’s Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Village Enforcement of Fire Prevention and Building Code—Civil Penalties of More Than $4.4 Million for Alleged Code Violations—Enforcement Officer Allegedly Had a Conflict of Interest and There Had Been ‘Selective Enforcement’ by That Officer—Defendant Claimed the Village had Abused Process by Retaliating Against the Defendant for Exercising Constitutional Rights, to Gain Leverage in Related Federal Litigation, Generating Negative Press Coverage...
Rent-Control Nonpayment Claims; Emergency Demolition Due Process: This Week in Scott Mollen’s Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Landlord-Tenant—Rent-Control—Holdover Proceeding—'Chronic Late and Nonpayment of Rent’—Alleged Breach of Substantial Tenancy Obligation—No ‘Magic Number’ of Prior Nonpayment Proceedings Are Dispositive—Issues of Material Fact Precluded Summary Judgment A landlord’s petition in a summary holdover proceeding alleged that the subject premises “is subject to the City Rent Law (rent control).” A 30-day notice of termination asserted that the...
Condo Board Wins Charges Dispute: This Week in Scott Mollen’s Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Condominiums—Condo Board Awarded Judgment Against Unit Owner for ‘Common Charges, Assessments, Late Charges, Interest, Water Charges, and Contractual Fee-Shifting Obligations’—Defenses Which Included That Accounting Was Unreliable, Assessments Were Improper, Elevator and Roof Work Were Done to Bestow a Private Benefit on Another Unit Owner, The Roof Was a ‘Limited Common Element From Which He Derived No Benefit,’ and Plaintiff’s Claims Were...
Court Rejects Developer’s Negligence Claim Over Excavation Delays: This Week in Scott Mollen's Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Adjacent Development—Construction Delays—Economic Losses Related to Stop Work Order Issued During Excavation—Developer’s Negligence Counterclaim Against Adjacent Owner Dismissed Based on the ‘Lack of a Legally Cognizable Duty’—The ‘Worse Condition of a Building, the Greater the Burden on the Excavator to Protect It’—The Developer, Not the Adjoining Landowner Was in the Best Position to Protect Against the Risk of Harm From the...
Foreclosure Stay Limits; Rent Overcharge Discovery: This Week in Scott Mollen’s Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Foreclosures—Bankruptcy—No Automatic Stay Where Debtor Filed at Least two Prior Bankruptcy Petitions Within the Prior Year—Both Such Petitions Had Been Dismissed A defendant moved by order to show cause to “vacate a referee’s deed and sale” because he had “filed for protection under the United States Bankruptcy Code (Code) before the auction and thereby triggered the automatic stay....” The court denied the defendant’s motion.
Tax Foreclosure Takings and Last-Minute Foreclosure Challenge: This Week in Scott Mollen's Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Real Estate Tax—Takings—Village Taking of Surplus Equity Without Just Compensation Is Unlawful—‘Village Took Far More From (Defendant) Than What Was Owed In Past Due Taxes When It Seized Her Property, Conducted a Sale, And Conveyed Title to Plaintiff Free of Any Encumbrances’—'Village Offered No Mechanism Or Procedure Whereby (Defendant) Could Recover The Surplus Equity’ A plaintiff commenced an action seeking a judgment, pursuant to RPAPL Art.
Foreclosure Bad-Faith Claim Rejected: This Week in Scott Mollen's Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Foreclosures—Court Rejected Bad-Faith Loss Mitigation Defense—Statutory Obligation to Negotiate in Good Faith Pursuant to CPLR §3408(f) Is ‘Measured by the Parties’ Conduct Within Mandatory Foreclosure Settlement Conferencing, Not By Voluntary Loss Mitigation Discussions Conducted After the Case Has Been Released From the Settlement Conference Part’—Plaintiff Was Not Obligated ‘to Offer Modification Terms Identical to the Original 3.5% Fixed...
Coastal Permits, Tenant Attorney Fees and Excessive Noise Claims: This Week in Scott Mollen's Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Land Use—Town Board Denial of Permit Lacked Rational Basis and Was Affected by Errors of Law—Town Board Usurped the Jurisdiction of Zoning Board of Appeals—Conditional Permits for Conditionally Permitted Uses Involve Uses That Are ‘Presumptively Harmonious and Permitted Subject to the Imposition of Reasonable Conditions Which Are Rationally Related to the Use and in Accord With the Purposes of the Applicable Statute’—Agency Deference...
Commercial Lease Renewal Mistake; LLC Publication Defect: This Week in Scott Mollen's Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Commercial Landlord-Tenant—Failure to Timely Renew Medical Office Lease—'Equitable Renewal’—Equitable Estoppel—Notice of Renewal Was Not Sent by Registered or Certified Mail as Required by the Lease—Landlord Denied That the Notice Was Received—Tenant’s Investments Were Made At the Beginning of the Lease and Tenant Did Not Establish That They Were Made In Contemplation Renewing the Lease A landlord commenced a commercial holdover proceeding...
Landlord-Tenant Rulings Address Post-Fire Repairs and Good Cause Notice Error: This Week in Scott Mollen's Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Landlord-Tenant—HP (Housing Part) Proceeding Following a Fire—Full Vacate Orders—Tenants Entitled to Compel Repairs Following Vacate Order Since Demolition Requires NYS Division Of Housing and Community Renewal Approval—HPD Standardized 'Boiler Plate' Timeframes For Repairs 'May Be Poorly Suited' for a Vacate Order After a Fire—Economic Infeasibility This decision involves an HP proceeding (Housing Part), which had been commenced by tenants of...
Escrow Dispute; Bais Din Award: This Week in Scott Mollen's Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Alleged Breach of Escrow Agreement—Failure to Completely Perform Under the Agreement ‘Was Minor, Did Not Materially Affect Its Terms and Defendants Did Not Demonstrate Any Prejudice From The Deviation’—Permitting Defendants to Retain the Escrow Deposit ‘Despite Receiving the Full Benefit of the Bargain, Would Cause a Disproportionate Forfeiture’—Plaintiff Substantially Performed This decision involved an action to recover damages for breach of...
COVID Rent Ruling; Court Limits Landlords’ Rent Recovery: This Week in Scott Mollen’s Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Commercial Landlord-Tenant—COVID-19 Shutdown Orders—Retail Tenant Was Excused From Paying Rent Based On The Language of the Lease’s Takings Clause—It Could Not ‘Operate Its Business’ Even Though the Premises Could Be Used for Storage of Inventory, Fulfilment of Online Orders and Advertising—Large Retail Tenants May Have Greater Leverage Than Small Retail Tenants When Negotiating Lease Terms This decision involved an appeal to the U.S. Court of...
Window Advertising Rights; Limits on Contract Renewal Clauses: This Week in Scott Mollen’s Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Commercial Landlord-Tenant—Reformation—Window Advertising—Tenant Asserted That It Had an agreement for a Six-Year Term, With a Unilateral Option to Renew—Tenant Claimed That After Temporary Interruption Due to Scaffolding, Performance Was Temporarily Paused and After Obstruction Was Removed, Landlord Denied Tenant Access, Refused to Recognize the agreement, and Allowed Third Parties To Use The Advertising Space, “Effectively Resulting In an...
Recent Cases Clarify Access Rights, Defaults and Rent Stabilization: This Week in Scott Mollen's Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Real Property Actions & Proceedings Law §881 Proceeding—Petitioner Asserted Respondent’s Attorney Fees Were ‘Unreasonable and Incurred In Bad Faith’ Because Respondent’s Counsel ‘Unnecessarily Prolonged the Dispute by Raising Baseless Demands, Revisiting Settled Terms, and Covertly Preparing Litigation While Pretending to Negotiate Settlement’—Court Found That the Fees Were Reasonable and Equitable and Granted the Respondent’s Request for...
Court Upholds Arbitration Award in Real Estate Development Dispute; Missing GPS Records Undermine Service of Process: This Week in Scott Mollen’s Realty Law Digest:
Scott Mollen, Partner at Herrick, Feinstein LLP Arbitration—Disputes Between Real Estate Developers—Arbitrator Awarded Petitioner Damages Against a Developer and His Related Entities Based On Breach of Fiduciary Duty, Aiding and Abetting Breach of Fiduciary Duty and Breach of Contract Claims—Petition to Confirm Award Granted—Cross-Motion to Vacate, Modify or Remand Award Denied—Tax Estoppel Doctrine This decision involved a dispute between two real estate developers and related entities...
Court Upholds Condo House Rules, Board Protected by Business Judgment Rule
"Generally, courts do not want to “micro-manage” the operations of condo and co-op buildings.
Landlord-Tenant Decisions Clarify GCEL, Discovery Rules
Scott Mollen, Partner at Herrick, Feinstein LLP Landlord-Tenant—Holdover Proceeding—Unregulated Month-to-Month Tenant—Sufficiency of Termination Notice and Good Cause Eviction Law Notice This decision involved a holdover proceeding against an unregulated month-to-month tenant.
Court Dismisses FHA Claims Tied to Alleged Assault, Eviction and Sex-Work Accusations
Scott Mollen, Partner at Herrick, Feinstein LLP Landlord-Tenant—Tenant Asserted FHA and State Claims After Eviction and Alleged Rape—'Transexual or Transgender Undertenant’—After Being Evicted for Non-Payment of Rent, Plaintiff Sued Owners, Managers and Related Parties, City of New York and NYPD Officers, Claiming Housing Discrimination and Retaliation Under Fair Housing Act (FHA) And State And Local Laws—Alleged Rape By Building Superintendent, Harassed By Defendants and Victimized By a...
County Liable for Keeping Tax Sale Surplus: This Week in Scott Mollen's Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Condemnation—Fifth Amendment Takings Claims—Eighth Amendment Excessive Fines Clause—Unjust Enrichment—RPTL Article 11 Amendment—County May Sell Property To Recover Unpaid Taxes But Cannot Retain Proceeds Above the Monies Owed Without Providing Just Compensation—County Liable Under 42 USC §1983—NYS Legislative Fix After ‘Tyler v.
Shvo CORE Club Dispute: Most Claims Dismissed, Key Ones Survive
Shvo—Core Club Dispute—Breach of Contract—Fraud—Unjust Enrichment—Rescission—Undue Influence—Reformation of Lease—Declaratory Relief—Accounting—Breach of Fiduciary Duties—Prima Facie Tort—Usury—Misuse of Legal Process—Breach of the Implied Covenant of Good Faith and Fair Dealing—Negligent Misrepresentation—Negligence—Gross Negligence—NY Civil Rights Law §51—Plaintiffs Claimed That Defendant Developer Schemed to Acquire 50% Interest in Private Club Business for a ‘Mere $1.00’ A real estate...
Lease Termination on Apartment Sale Upheld; Rent-Impairing Violations Bar Rent Recovery: This Week in Scott Mollen’s Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Landlord-Tenant—Residential Lease Permitted Termination Upon Execution of Contract of Sale—Provision Is Enforceable and Not Violative of Public Policy—Plaintiff Provided Evidence That Valid Apartment Sale Contract Had Been Executed—Defense That Plaintiff Sought to ‘Enforce an Illegal Cancellation-for-Sale Provision on a Residential Tenant Contrary to Public Policy’ Rejected—Lease Contained a ‘Conditional Limitation’—Plaintiff’s Termination...
Key Rulings on Security Deposits and Tax Assessments
Scott Mollen, Partner at Herrick, Feinstein LLP Landlord-Tenant—Tenant Entitled to Return of Security Deposit and Punitive Damages—an Alleged Oral Explanation Fails to Comply With the HSTPA’s Notice Requirements—Court Stated That a ‘Unilateral Mistake of Law, Particularly Where the Defendant Is an Attorney Admitted In This State, Is Not a Defense to Liability….’—Defendant, ‘As an Attorney, Could and Should Have Conducted Legal Research to Determine If Any Court In New York Has Ever Found an...
Alleged Arbitrator Misconduct Not Enough to Vacate Award: This Week in Scott Mollen's Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Ground Rent Reset—Arbitration Award Confirmed—Alleged Arbitrator Misconduct— Motion To Vacate Award Based On Claims of ‘Arbitrator Partiality and Misconduct In Procuring’ Award Denied—Vacatur Only Warranted Upon a Showing of Actual Prejudice Or Harm Resulting From Alleged Misconduct—Landlord’s Counsel Offered Neutral Umpire Unrelated Work During the Arbitration—That Created a ‘Severe Appearance of Partiality’—However, Tenant Failed To Meet Its...
Housing Court Lacks Jurisdiction Over Sufferance; Delayed Repairs After Fire Deemed Harassment: This Week in Scott Mollen’s Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Tenancies at Sufferance—Proceeding Involving Dispute Among Family Members Dismissed—Housing Court Lacks Jurisdiction—Problems Could Be Addressed by the Legislature—No Provision Under RPAPL Article 7 Vests Subject Matter Jurisdiction Against a Tenant at Sufferance in the Housing Court—Decision of First Impression A petitioner had commenced a holdover proceeding against family members (respondents), based on a 30-day notice of termination of...
Agent Not Liable for Contract; DOB Penalties Were Not Title Encumbrances: This Week in Scott Mollen’s Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Breach of Contract—Power of Attorney—An Agent May Be Liable When the Agent Acts Without Authority, Misleads a Third Party As To the Agent’s Authority, or Expressly Undertakes Personal Responsibility—Here, There Was No Basis to Apply Such Exception—the Power of Attorney Had Been Terminated and the Agent Only Signed the Contract as a Disclosed Agent This decision involved a “failed contract for the sale of a parcel of vacant land….” The title...
Source-of-Income Discrimination Law Held Unconstitutional: This Week in Scott Mollen's Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Federal Section 8 Subsidy Program—'Source-of-Income Discrimination Law Violates Landlords’ Fourth Amendment Rights to Be Free From Unlawful Searches’—Law Unconstitutional On Its Face—Executive Law §296(5)(a)(1) This decision involved an appeal to the Appellate Division (Third Department) from a trial court order which granted the respondents’ motion to dismiss the petition and granted the respondents’ cross-motion for summary judgment on their...
Source-of-Income Discrimination Law Held Unconstitutional: This Week in Scott Mollen's Realty Law Digest
Search Input Law.com CompassLaw.com RadarVerdict SearchScholar .China Law & PracticeLegal Dictionary Click to enter your existing username and password or create a new account. Click to purchase an individual user subscription with your credit card. Related information Topics Expert OpinionLandlord Tenant Law Scott Mollen discusses Matter of People of the State of N.Y. v.
Lis Pendens Survives Cancellation Motion: This Week in Scott Mollen’s Realty Law Digest Original
Scott Mollen, Partner at Herrick, Feinstein LLP Notice of Pendency (Lis Pendens)—Sale of Membership Interests in an LLC—Motion To Cancel Notice of Pendency Denied—Operating Agreement Vested the Plaintiff With A Right to Purchase the Properties This decision involved an action for declaratory judgment.
Overly Broad Discovery in Non-Primary Residence Case; ‘Familial Exception Doctrine,’ Defective RPAPL 1306 Filing: This Week in Scott Mollen’s Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Landlord-Tenant-Non-Primary Residence—Landlord’s Request for Five Years of Discovery Limited to Two Years and Certain Document Demands Were Struck as “Overly Broad”—Tenant’s Cross-Motion for Discovery With Respect to Water Damage and Mold and The Building’s Condition Which Allegedly Forced Her to Temporarily Vacate Granted—Tenant Set Forth Sufficient Support for Defense Based On Excusable Absence and A Nexus for the Documents Requested This...
Grace Period Timing in Foreclosure Actions: This Week in Scott Mollen’s Realty Law Digest
Search Input Law.com CompassLaw.com RadarVerdict SearchScholar .China Law & PracticeLegal Dictionary Click to enter your existing username and password or create a new account. Click to purchase an individual user subscription with your credit card. Related information Topics Expert OpinionReal Estate Scott Mollen discusses “SBC Bank USA, N.A. v. Hillaire,” where the court clarified the grace period timing in foreclosures.
Grace Period Timing in Foreclosure Actions: This Week in Scott Mollen’s Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Foreclosures—“Inconsistencies In Decisional Authority Regarding the Timing of the Termination Event From Which the (Six)-Month Grace Period Under CPLR 205(a) and 205-a Are Measured”—“Appellate Cases…Are Not Uniform”—“The Trial Bench and the Practicing Bar Are Entitled to Judicial Clarity On This Issue”—“When No Appeal Is Taken …From an Order Of Dismissal, the (Six)-Month Period for Recommencing an Action Under CPLR 205-a, and By Extension Under...
Appointment of Receiver; Rent Overcharge Claim; Statute of Limitation Tolled by COVID-19 Executive Order: This Week in Scott Mollen’s Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Foreclosures—Pursuant to Real Property Law (RPL) §254(10), Appointment of a Receiver Is Proper When Parties to the Mortgage “Agree to Same Even Without Notice or Regard to the Sufficiency of Security….”—No Requirement That Plaintiff Demonstrate More Than What Is Required by RPL §254(10) A plaintiff sought to foreclose on a mortgage dated April 5, 2019. It alleged that the defendant defaulted in repayment of the note.
Appointment of Receiver; Rent Overcharge Claim; Statute of Limitation Tolled by COVID-19 Executive Order: This Week in Scott Mollen’s Realty Law Digest | Law.com
Search Input Law.com CompassLaw.com RadarVerdict SearchScholar .China Law & PracticeLegal Dictionary Click to enter your existing username and password or create a new account. Click to purchase an individual user subscription with your credit card. Related information Companies/Organizations Law Firms/Representation Topics Expert OpinionReal Estate This week, Scott Mollen discusses “Orange Owner, LLC v. M & E Christopher,” “631 Edgecombe L.P. v. Dixon,” and “Santander Bank, N.A. v.
Disputed RFP Process at Bryant Park; Entitlement to an Accounting When Dissolving an LLC: This Week in Scott Mollen’s Realty Law Digest
Law.com CompassLaw.com RadarVerdict SearchScholar .China Law & PracticeLegal Dictionary Click to enter your existing username and password or create a new account. Click to purchase an individual user subscription with your credit card. Related information Topics Expert OpinionReal Estate Scott Mollen discusses “ARK Restaurants Corp. v. Bryant Park Corporation,” and “176 W. 87th Leasehold LLC v.
Disputed RFP Process at Bryant Park; Entitlement to an Accounting When Dissolving an LLC: This Week in Scott Mollen’s Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Request for Proposals—Bryant Park (Manhattan)—Plaintiff Alleged Bryant Park Corporation Improperly Conducted an RFP for Operation of Dining Establishments—Defendant Alleged Plaintiff Unlawfully Held Over Beyond Expiration of Leases—Complaint Dismissed—Failure To State Claim—Declaratory Judgment Counterclaim Duplicative of Ejectment and Breach of Contract Counterclaims—Unjust Enrichment Counterclaim Duplicative of Use and Occupancy Counterclaim...
Foreclosure Auction; Action for Partition; Non-Payment Proceeding: This Week in Scott Mollen’s Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Foreclosure Auction—Assignment of Successful Auction Bid—Auction Subsequently Was Vacated—Winning Bidder Ordered To Return the Down Payment to the Assignee of Its Winning Bid—Anticipatory Breach Claim Rejected This decision involved the parties’ “alleged mutual breaches of an assignment agreement ("agreement") for the successful auction bid to purchase a previously-foreclosed-upon property (property)….” The plaintiff moved for summary judgment...
Village Zoning Code for Religious Development Found Unconstitutional; Motion for Preliminary Injunction to Perform Construction Next to Historic Building Denied: This Week in Scott Mollen’s Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Expansion of Religious Facility—Village Law Which Treated Religious Development Less Favorably Than Comparable Secular Land Uses Was Facially Invalid Under the US Constitution—Under the Village’s Zoning Code, “A Pit of Manure May Be Located Closer to the Property Line Than a Place of Worship”—a Former Mayor Described Village Use “Law as a Negotiating Weapon Wielded Against Religious Groups”—Court Found That “Disgracefully,” the Village Ignored...
Failure To Maintain Premises as Primary Residence; Party’s Attorney Permitted To Serve Process: This Week in Scott Mollen’s Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Landlord-Tenant—Rent Control—Failure To Maintain Premises as Primary Residence—Record Did Not Demonstrate “The Level of Emotional and Financial Interdependence That Characterizes a Family Relationship Between Respondent And co-respondent’s ”—A Younger Person Attempted To Be Deemed a Family Member of an Older Person Who “Tolerate[d] It at Best But (Was) Not On Board”—When a Rent Control Tenant Is In a Facility Without a Discharge Plan, a Landlord...
Real Estate Tax Assessments; Rent Stabilization: This Week in Scott Mollen's Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Real Estate Tax Assessments—Class Action Seeking a Judgment Declaring Nassau County’s Tax Assessment Method Invalid Because It Is Discriminatory and Unconstitutional—Trial Court Order Dismissing the Complaint Reversed—Plaintiffs Alleged That More Than $1.7 Billion Was Shifted In the Property Tax Burden Onto the Plaintiffs and Those Similarly Situated—Plaintiffs Claimed That Grievances Were Settled In An Unscientific Manner Unrelated to Property...
Constructive Trust Claim Denied; Overstatement in Rent Demand Found Not De Minimus: This Week in Scott Mollen’s Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Constructive Trust Claim Denied—Transfer Not Made In Reliance Upon a Promise—No Unjust Enrichment—However, Conveyance Declared To Be Void—A Defendant Was Not a Bona Fide Purchaser for Value In 2007, a plaintiff “faced foreclosure” on her home.
HPD Revocation of 421-a Benefits Vacated; Fraudulent Lease “Manufactured for Litigation”: This Week in Scott Mollen’s Realty Law Digest
Law.com CompassLaw.com RadarVerdict SearchScholar .China Law & PracticeLegal Dictionary Click to enter your existing username and password or create a new account. Click to purchase an individual user subscription with your credit card. Related information Topics Expert OpinionReal Estate Scott Mollen discusses “Matter of Promesa Found., Inc. v New York City Dept. of Hous. Preserv. & Dev.” and “Jane 8 LLC v.
HPD Revocation of 421-a Benefits Vacated; Fraudulent Lease “Manufactured for Litigation”: This Week in Scott Mollen’s Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP HPD Revocation of 421-a Benefits Vacated—Penalty “Shocked the Judicial Conscience”—Disproportionate—Failure To Timely Register Certain Rent Stabilized Units With DHCR Even Though Units Were Temporarily Exempt From Stabilization Since Building Was Operated as Homeless Shelter—Sanction So Disproportionate It Constituted an Abuse of Discretion—Error Had Been Corrected and “Harmed No One Considering the Apartments Are Temporarily Exempt From...
Uniform Partition of Heirs Property Act; ‘Consumer-Oriented Conduct;’ ‘Instrument for the Payment of Money Only’: This Week in Scott Mollen’s Realty Law Digest
Scott Mollen, Partner at Herrick, Feinstein LLP Partition—“Heirs Property”—RPAPL 993—“Plaintiff Failed To Negotiate in Good Faith as Required Pursuant to RPAPL 993(5)(e)”—Defendant Claimed That the Plaintiff's Settlement Discussions Embodied “All the Hallmarks of the Common Deed-Theft and Equity-Stripping Schemes that are Currently Plaguing Communities of Color, Both in Queens County and New York City Overall”—Certain Partitions Have Been Classified as “Heirs Property” and are Entitled to...
Uniform Partition of Heirs Property Act; ‘Consumer-Oriented Conduct;’ ‘Instrument for the Payment of Money Only’: This Week in Scott Mollen’s Realty Law Digest| Law.com
Law.com CompassLaw.com RadarVerdict SearchScholar .China Law & PracticeLegal Dictionary Click to enter your existing username and password or create a new account. Click to purchase an individual user subscription with your credit card. Related information Topics Expert OpinionReal Estate Scott Mollen discusses "Laurelton Estates LLC v. Prince," “Friend v. 333 Tenants Corp.” and “CMTG Lender 10 LLC v.
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