New York Law Journal: Realty Law Digest

July 2016

Scott Mollen analyzed the following cases in his weekly Realty Law Digest column in the New York Law Journal (subscription required):

  • July 26, 2016 'Kimso Apartments v. Mateo,' where a landlord failed to establish that harboring pit bulls was a “hazardous act"; and 'Tomic v. 92 East LLC,' where plaintiffs failed to demonstrate that the current owner knew that the prior owner unlawfully deregulated the apartment.

  • July 20, 2016 '805 Car Wash v. Lichter,' where a lease's proposed assignee was held to lack standing to assert a claim against the landlord of a car wash over an allegedly wrongful and unreasonable refusal to grant consent to assign the business; and 'Tomic v. 92 East LLC,' where tenants were found entitled to summary judgment in an overcharge suit.

  • July 13, 2016 'HSBC Bank v. Zair,' where a mortgagee bank could not be forced to accept ownership of a home destroyed by Superstorm Sandy; and 'Yashar Foundation v. Schwatzman,' where a non-profit was denied summary judgment in a holdover proceeding to recover possession for own use.

  • July 6, 2016Step By Step, Inc. v. City of Ogdensburg,” where the court found that animus against the disabled was a significant factor in the city's decision to deny a zoning application; and “Galanova v. Safir,” where justices dismissed a co-op tenant's defamation suit.