New York Law Journal: Realty Law Digest

October 2016

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

  • October 25, 2016 'RSP 100 Property LLC v. Brant,' where nuisance allegations made to justify terminating a landlord/tenant relationship were held unproven; and 'Deutsche Bank v. Flagstar Capital Mkts,' where the court held that a 2015 Court of Appeals ruling mandated dismissal of a 2014 breach action as time-barred.

  • October 18, 2016Three landlord-tenant cases: 'Pena v. Lockenwitz,' 'ROC Century Associates v. Papavasiliou,' and '1120 Bergen Street v. Beckford.'

  • October 11, 2016Cases involving the fiduciary duty owed by tenants-in-common, the requirements of a notice of nonrenewal based on a landlord's assertion he was recovering the subject apartment "for the use and occupancy of himself and his immediate family," and the impact of a subsequent amendment to a land use code during an appeal.

  • October 4, 2016 'Garry v. Ryan & Henderson, P.C.,' where the court found issues of fact existing as to whether a landlord promptly repaired premises' parking garage; and 'Matter of City of New York v. 2305-07 Third Ave., LLC,' where an EDPL Article 4 Eminent Domain Proceeding for certain Harlem parcels was held timely brought by the city.