Dennis W. RussoReal Estate Litigation
(212) 592-1470
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Scott E. MollenReal Estate Litigation
(212) 592-1505
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Accolade
Chambers USA 2012: America's Leading Lawyers for Business
June 2012 -- Chambers USA
Herrick’s 50+ attorney real estate department was ranked by Chambers USA as one of the top commercial real estate firms in New York City.
June 2012 -- Chambers USA
Herrick’s 50+ attorney real estate department was ranked by Chambers USA as one of the top commercial real estate firms in New York City.
Media Mention
Woodbury Jewish Center Wants Caterer Accused Of Violating Kashrut Evicted
May 2, 2012 -- Reuters
CBS News online featured an article about the ruling for Woodbury Jewish Center to evict Morrell Caterers from its property. Scott Mollen is quoted throughout the article and noted that Morrell had neglected to pay occupancy costs since January 2010.
May 2, 2012 -- Reuters
CBS News online featured an article about the ruling for Woodbury Jewish Center to evict Morrell Caterers from its property. Scott Mollen is quoted throughout the article and noted that Morrell had neglected to pay occupancy costs since January 2010.
Media Mention
Developer Wins $50M Building Permit Appeal
May 2, 2012 -- Real Estate Weekly
The publication ran a feature discussing the ruling in Haberman vs. Zoning Board of Appeals. Scott Mollen is quoted in the piece, noting his client’s gratitude that the court system “recognizes the need to protect citizens from irresponsible public official who place political expediency above individual property rights.”
May 2, 2012 -- Real Estate Weekly
The publication ran a feature discussing the ruling in Haberman vs. Zoning Board of Appeals. Scott Mollen is quoted in the piece, noting his client’s gratitude that the court system “recognizes the need to protect citizens from irresponsible public official who place political expediency above individual property rights.”
Media Mention
L.I. Shul Moves to Evict Caterer
May 1, 2012 -- The Jewish Week
The publication featured an article discussing Woodbury Jewish Center’s court filing to begin eviction proceedings against Morrell Caterers.
May 1, 2012 -- The Jewish Week
The publication featured an article discussing Woodbury Jewish Center’s court filing to begin eviction proceedings against Morrell Caterers.
Media Mention
Claims Against Zoning Board Over Halted Project Upheld
May 1, 2012 -- New York Law Journal
Scott Mollen is quoted in an article about the ruling of the Woodbury Jewish Center and Morrell Caterers. Mollen notes, "The decision made it clear that while a licensee may sue for damages if it is wrongfully terminated, a licensor can retains the right to revoke a license."
May 1, 2012 -- New York Law Journal
Scott Mollen is quoted in an article about the ruling of the Woodbury Jewish Center and Morrell Caterers. Mollen notes, "The decision made it clear that while a licensee may sue for damages if it is wrongfully terminated, a licensor can retains the right to revoke a license."
Media Mention
Woodbury Jewish Center Moving Forward to Evict Morrell
April 30, 2012 -- Plainview Patch
An article discussing the eviction case between the Woodbury Jewish Center (WJC) and Morrell Caterers was featured on April 30. Scott Mollen is quoted on WJC’s plans to move forward with the removal of Morrell Caterers from its property.
April 30, 2012 -- Plainview Patch
An article discussing the eviction case between the Woodbury Jewish Center (WJC) and Morrell Caterers was featured on April 30. Scott Mollen is quoted on WJC’s plans to move forward with the removal of Morrell Caterers from its property.
Media Mention
Court rules developer can sue Long Beach
April 27, 2012 -- Newsday
Newsday featured an article highlighting the state appeals court ruling on Haberman vs. Zoning Board of Appeals. Scott Mollen is quoted on his representation of Haberman in the development lawsuit, noting that “The city has so tenaciously tried to obstruct this development.”
April 27, 2012 -- Newsday
Newsday featured an article highlighting the state appeals court ruling on Haberman vs. Zoning Board of Appeals. Scott Mollen is quoted on his representation of Haberman in the development lawsuit, noting that “The city has so tenaciously tried to obstruct this development.”
Media Mention
Court rules Haberman can sue Long Beach for $50M
April 24, 2012 -- Long Island Business News
Long Island Business News featured an article about the ruling of the Haberman vs. Zoning Board of Appeals. Herrick, Feinstein attorney, Scott Mollen, is quoted in the piece, noting that his client is grateful to have a court system that “recognizes the need to protect citizens from irresponsible public officials who place political expediency above individual property rights.”
April 24, 2012 -- Long Island Business News
Long Island Business News featured an article about the ruling of the Haberman vs. Zoning Board of Appeals. Herrick, Feinstein attorney, Scott Mollen, is quoted in the piece, noting that his client is grateful to have a court system that “recognizes the need to protect citizens from irresponsible public officials who place political expediency above individual property rights.”
Media Mention
Claims Against Zoning Board Over Halted Project Upheld
April 24, 2012 -- Globe St.
Herrick, Feinstein’s Scott Mollen was noted for representing the plaintiff in the Haberman v. Zoning Board of Appeals case. Scott Mollen is also quoted on the court’s decision.
April 24, 2012 -- Globe St.
Herrick, Feinstein’s Scott Mollen was noted for representing the plaintiff in the Haberman v. Zoning Board of Appeals case. Scott Mollen is also quoted on the court’s decision.
Media Mention
True to Mailer’s Life, a Brawl Over the Sale of His Brooklyn Heights Apartment
October 19, 2011 -- The New York Times
Our client's lawsuit against the estate of Norman Mailer, in which we seek the return of our client's $200,000 deposit on a co-op unit in Brooklyn where Mailer had lived, is reported here. Bill Fried is quoted as saying that our client wants his deposit back because the seller cannot prove that significant alterations to the unit were done lawfully.
October 19, 2011 -- The New York Times
Our client's lawsuit against the estate of Norman Mailer, in which we seek the return of our client's $200,000 deposit on a co-op unit in Brooklyn where Mailer had lived, is reported here. Bill Fried is quoted as saying that our client wants his deposit back because the seller cannot prove that significant alterations to the unit were done lawfully.
Media Mention
Eric Schneiderman: the new (ex-deputy) sheriff in town -- After seven months, NY's new Attorney General is winning over some skeptics, but enraging others
September 1, 2011 -- The Real Deal
Douglas Heller looks at the early days of Eric Schneiderman's tenure as New York's attorney general from a commercial real estate perspective. Doug says Schneiderman is counter intuitively positioned to be a better attorney general than his two predecessors, both of who had strong ties to the real estate industry, because he might feel less conflicted about investigating rogues.
September 1, 2011 -- The Real Deal
Douglas Heller looks at the early days of Eric Schneiderman's tenure as New York's attorney general from a commercial real estate perspective. Doug says Schneiderman is counter intuitively positioned to be a better attorney general than his two predecessors, both of who had strong ties to the real estate industry, because he might feel less conflicted about investigating rogues.
Media Mention
Security Locks and Aesthetics
March 31, 2011 -- The New York Times
Douglas Heller answers a reader's question in the Sunday real estate Q&A column by noting that under the state’s Multiple Dwelling Law residents, including co-op shareholders, are entitled to install a second lock on the door to their unit. The reader wondered whether the board could insist that she and her neighbors remove all but one lock per unit, and Doug opines that notwithstanding the business judgment rule -- which generally gives co-op and condo boards latitutde and discretion in making rules -- the residents probably can insist on second locks.
March 31, 2011 -- The New York Times
Douglas Heller answers a reader's question in the Sunday real estate Q&A column by noting that under the state’s Multiple Dwelling Law residents, including co-op shareholders, are entitled to install a second lock on the door to their unit. The reader wondered whether the board could insist that she and her neighbors remove all but one lock per unit, and Doug opines that notwithstanding the business judgment rule -- which generally gives co-op and condo boards latitutde and discretion in making rules -- the residents probably can insist on second locks.
Media Mention
Commercial real estate looking up, but distress continues
February 20, 2011 -- The Record
Scott Tross tells New Jersey's second-largest newspaper that there is a steady flow of foreclosures on commercial properties in the state, with no end in sight. He says the foreclosures are split about equally between maturity defaults, where a loan has matured and the borrower cannot secure new financing, and payment defaults, where the borrowers stop paying debt service, often as a result of tenants' having departed or gone under.
February 20, 2011 -- The Record
Scott Tross tells New Jersey's second-largest newspaper that there is a steady flow of foreclosures on commercial properties in the state, with no end in sight. He says the foreclosures are split about equally between maturity defaults, where a loan has matured and the borrower cannot secure new financing, and payment defaults, where the borrowers stop paying debt service, often as a result of tenants' having departed or gone under.
Media Mention
Related Cos. to pay $82.8M for Rector Sq. project
January 13, 2011 -- Crain's New York Business.com
The firm's work on behalf of Anglo Irish Bank is noted in this story, which describes how we helped the bank foreclose on its borrower, Yair Levy, and then assist the bank at a foreclosure auction. The story says the bank is likely to assign its winning credit bid to Related next week.
January 13, 2011 -- Crain's New York Business.com
The firm's work on behalf of Anglo Irish Bank is noted in this story, which describes how we helped the bank foreclose on its borrower, Yair Levy, and then assist the bank at a foreclosure auction. The story says the bank is likely to assign its winning credit bid to Related next week.
Media Mention
Battery Park Condo Project Goes to Lender
November 18, 2010 -- GlobeSt.com
Christopher Sullivan says the plaintiff in the Rector Square foreclosure action -- our client Anglo Irish or its designee or assignee -- is entitled to hold or sell the project and also may pursue the borrower or guarantor for any deficiency arising from the sale of the project at auction. The lender was the sole bidder, taking back the project for $82.75 million, which Chris views as "a good result given the circumstances and economic landscape."
November 18, 2010 -- GlobeSt.com
Christopher Sullivan says the plaintiff in the Rector Square foreclosure action -- our client Anglo Irish or its designee or assignee -- is entitled to hold or sell the project and also may pursue the borrower or guarantor for any deficiency arising from the sale of the project at auction. The lender was the sole bidder, taking back the project for $82.75 million, which Chris views as "a good result given the circumstances and economic landscape."
Media Mention
Newtown Creek ready for a scrub: Recent Superfund designation seen as positive, but effort will take 20 years
October 17, 2010 -- Crain's New York Business
Louis Evans discusses what information the EPA seeks when it sends inquiries to businesses at or near a Superfund site, in this story on the commercial effects of Superfund designation.
October 17, 2010 -- Crain's New York Business
Louis Evans discusses what information the EPA seeks when it sends inquiries to businesses at or near a Superfund site, in this story on the commercial effects of Superfund designation.
Media Mention
Little-Used Law Gives Condo Buyers a Way Out
August 13, 2010 -- City Room, the law blog of The New York Times
Douglas Heller opines that the Interstate Land Sales Full Disclosure Act makes little sense in the New York City condo world because required disclosures contain irrelevant information that often duplicates what is in the offering plan. The posting analyzed a recent decision in federal court that allowed three buyers of condo units to rescind their contracts and retrieve their deposits because a condo sponsor had not made disclosures that the statute requires.
August 13, 2010 -- City Room, the law blog of The New York Times
Douglas Heller opines that the Interstate Land Sales Full Disclosure Act makes little sense in the New York City condo world because required disclosures contain irrelevant information that often duplicates what is in the offering plan. The posting analyzed a recent decision in federal court that allowed three buyers of condo units to rescind their contracts and retrieve their deposits because a condo sponsor had not made disclosures that the statute requires.
Media Mention
The Lawyers You Call
August 11, 2010 -- The New York Observer
Gary Eisenberg and the firm's real estate practice are profiled in "The Lawyers You Call," a look at the city's top law firms with commercial real estate practices. Gary is pictured, and the firm's work in a variety of areas -- including our first-in-the-nation lawsuit against the SEC on behalf of Madoff victims -- is noted.
August 11, 2010 -- The New York Observer
Gary Eisenberg and the firm's real estate practice are profiled in "The Lawyers You Call," a look at the city's top law firms with commercial real estate practices. Gary is pictured, and the firm's work in a variety of areas -- including our first-in-the-nation lawsuit against the SEC on behalf of Madoff victims -- is noted.
Media Mention
Rector Square's unsold units near auction: Related is seen as the likely buyer of the discounted apartments
July 30, 2010 -- The Real Deal.com
Chris Sullivan tells The Real Deal.com that Rector Square will likely be sold at auction in the fall, once a few procedural wrinkles are resolved.
July 30, 2010 -- The Real Deal.com
Chris Sullivan tells The Real Deal.com that Rector Square will likely be sold at auction in the fall, once a few procedural wrinkles are resolved.
Media Mention
Leaving a Co-op During Repairs
July 30, 2010 -- The New York Times
Doug Heller weighs in on what rights a co-op shareholder might have if the co-op board forces him and his family to leave for a week while repairs are performed, in this Q&A in the Sunday real estate section. Doug says the board has the business judgment rule on its side, the shareholder can point to no bright-line case law that declares a certain duration of absence unreasonable, and the proprietary lease does not obligate the co-op to pay for alternative housing.
July 30, 2010 -- The New York Times
Doug Heller weighs in on what rights a co-op shareholder might have if the co-op board forces him and his family to leave for a week while repairs are performed, in this Q&A in the Sunday real estate section. Doug says the board has the business judgment rule on its side, the shareholder can point to no bright-line case law that declares a certain duration of absence unreasonable, and the proprietary lease does not obligate the co-op to pay for alternative housing.
Media Mention
FX Luxury creditors propose plan
July 20, 2010 -- The Daily Deal
Our representation of W.R. Huff Asset Management Co. LLC, an investor in the bankruptcy case of FX Luxury Las Vegas I LLC, is noted in this story. Joshua Angel represented Huff.
July 20, 2010 -- The Daily Deal
Our representation of W.R. Huff Asset Management Co. LLC, an investor in the bankruptcy case of FX Luxury Las Vegas I LLC, is noted in this story. Joshua Angel represented Huff.
Media Mention
The Phraseologist
July 12, 2010 -- The Commercial Observer
Gary Eisenberg's practice and outside interests -- including professional sports -- are profiled in this story in the New York Observer's real estate-related publication. The story, which ran in the paper's weekly Sit-Down space, which features professionals prominent in New York commercial real estate, alludes to Gary's colorful use of the language to describe various phenomena in the world of distressed debt and foreclosure and includes his predictions for where those markets are headed.
July 12, 2010 -- The Commercial Observer
Gary Eisenberg's practice and outside interests -- including professional sports -- are profiled in this story in the New York Observer's real estate-related publication. The story, which ran in the paper's weekly Sit-Down space, which features professionals prominent in New York commercial real estate, alludes to Gary's colorful use of the language to describe various phenomena in the world of distressed debt and foreclosure and includes his predictions for where those markets are headed.
Media Mention
AG Hits Levy With Fraud Suit at Rector Square
June 9, 2010 -- The Real Deal
Though Herrick isn't mentioned, our client Anglo Irish Bank and their foreclosure on 255 Rector Square is in the article "AG Hits Levy With Fraud Suit at Rector Square."
June 9, 2010 -- The Real Deal
Though Herrick isn't mentioned, our client Anglo Irish Bank and their foreclosure on 255 Rector Square is in the article "AG Hits Levy With Fraud Suit at Rector Square."
Media Mention
Court Weighs Title Insurer's Liability For Attorney's Theft of Client Funds.
March 15, 2010 -- New Jersey Law Journal
Jaimee Katz Sussner's argument before the New Jersey Supreme Court on behalf of our client Stewart Title is noted in this story. The story says the title insurance industry is closely watching this case, which will help determine when a title insurer is liable for a dishonest closing attorney's theft of money, especially when the theft occurred before the title policy was purchased.
March 15, 2010 -- New Jersey Law Journal
Jaimee Katz Sussner's argument before the New Jersey Supreme Court on behalf of our client Stewart Title is noted in this story. The story says the title insurance industry is closely watching this case, which will help determine when a title insurer is liable for a dishonest closing attorney's theft of money, especially when the theft occurred before the title policy was purchased.
Press Release
Herrick is significantly strengthening its Commercial Litigation Practice Group with the promotion of William R. Fried to partner.
February 2009
Bill Fried practices general commercial litigation with an emphasis on construction, real estate and business divorce disputes. He has extensive trial and appellate experience in state and federal courts. In addition to handling complex litigation matters for business clients, Bill counsels clients through negotiations, mediations, and arbitrations as an alternative to litigation. Herrick’s clients rely on Bill for his tenacity and resourcefulness to resolve difficult and intricate disputes.
February 2009
Bill Fried practices general commercial litigation with an emphasis on construction, real estate and business divorce disputes. He has extensive trial and appellate experience in state and federal courts. In addition to handling complex litigation matters for business clients, Bill counsels clients through negotiations, mediations, and arbitrations as an alternative to litigation. Herrick’s clients rely on Bill for his tenacity and resourcefulness to resolve difficult and intricate disputes.
Media Mention
Bank Wins Foreclosure Suit Against Levy at Rector Square
January 21, 2010 -- The Real Deal
Though Herrick is not mentioned, our client Anglo Irish Bank is in the article "Bank Wins Foreclosure suit against Levy at Rector Square" which discusses Anglo's favorable outcome in forclosing on 225 Rector Square.
January 21, 2010 -- The Real Deal
Though Herrick is not mentioned, our client Anglo Irish Bank is in the article "Bank Wins Foreclosure suit against Levy at Rector Square" which discusses Anglo's favorable outcome in forclosing on 225 Rector Square.
Media Mention
Moinian Group sues to block Dwell95 auction
December 31, 2009 -- The Real Deal,com
Our representation of FBE Limited is noted in this story about developer Joe Moinian's lawsuit, which sought to block the auction of Dwell95, a luxury rental property on Wall Street.
December 31, 2009 -- The Real Deal,com
Our representation of FBE Limited is noted in this story about developer Joe Moinian's lawsuit, which sought to block the auction of Dwell95, a luxury rental property on Wall Street.
Accolade
2009 Women of Influence
December 2009 -- Real Estate New Jersey
Jaimee Katz Sussner was named a "2009 Women of Influence" in Real Estate New Jersey.
December 2009 -- Real Estate New Jersey
Jaimee Katz Sussner was named a "2009 Women of Influence" in Real Estate New Jersey.
Media Mention
Court To Hear Appeal of Title Insurer Made To Reimburse Lawyers' Fund
November 25, 2009 -- New Jersey Law Journal
Jaimee Katz Sussner says there will be national interest in the New Jersey Supreme Court's granting of cert in a dispute between our client -- a title insurer -- and the state's lawyers' fund for client protection. At issue are the respective roles of title insurers and closing attorneys, and whether attorneys should be present at real estate closings.
November 25, 2009 -- New Jersey Law Journal
Jaimee Katz Sussner says there will be national interest in the New Jersey Supreme Court's granting of cert in a dispute between our client -- a title insurer -- and the state's lawyers' fund for client protection. At issue are the respective roles of title insurers and closing attorneys, and whether attorneys should be present at real estate closings.
Media Mention
Hager faces lawsuit over $17 million mortgage loan from N. Richard Kalikow’s Alpha Capital
November 14, 2008 -- The Real Deal.com
Our lawsuit on behalf of a lender -- alleging breach of fiduciary duty and fraudulent inducement by a borrower whose terminally ill business partner personally guaranteed a real estate loan -- is noted in this story. William Fried is mentioned in the story, and Kerry Jardine was on the papers as well.
November 14, 2008 -- The Real Deal.com
Our lawsuit on behalf of a lender -- alleging breach of fiduciary duty and fraudulent inducement by a borrower whose terminally ill business partner personally guaranteed a real estate loan -- is noted in this story. William Fried is mentioned in the story, and Kerry Jardine was on the papers as well.
Media Mention
Stuyvesant Town woes may pave way for loan changes
November 11, 2009 -- Reuters
Scott Mollen opines that litigation surrounding Stuyvesant Town's rent rolls could last for years in this story about how the litigation might affect the value of the property.
November 11, 2009 -- Reuters
Scott Mollen opines that litigation surrounding Stuyvesant Town's rent rolls could last for years in this story about how the litigation might affect the value of the property.
Media Mention
Going after borrowers gets personal: Lenders suing for more than $400 million in loan guarantees
November 2, 2009 -- The Real Deal
Borrowers who personally guarantee their real estate loans are off the hook if the lender takes the property back at the loan's face value at a foreclosure auction, Scott Tross says in this story about how lenders are going after borrowers' personal assets.
November 2, 2009 -- The Real Deal
Borrowers who personally guarantee their real estate loans are off the hook if the lender takes the property back at the loan's face value at a foreclosure auction, Scott Tross says in this story about how lenders are going after borrowers' personal assets.
Media Mention
Atlantic Yards gets a lift, but pledged $200 million infusion still leaves bulk of vast project in doubt; last legal hurdle looms
September 27, 2009 -- Crain's New York Business
Scott Mollen notes that the developer of Atlantic Yards is relying on a substantial body of case law that tends to permit eminent domain for development that will drive economic growth and contain affordable housing. He cautions, however, that every case features different facts, and judges scrutinize those facts in deciding how to rule.
September 27, 2009 -- Crain's New York Business
Scott Mollen notes that the developer of Atlantic Yards is relying on a substantial body of case law that tends to permit eminent domain for development that will drive economic growth and contain affordable housing. He cautions, however, that every case features different facts, and judges scrutinize those facts in deciding how to rule.
Media Mention
Federal Judge Dismisses RICO Claims Against Manhattan Real Estate Family
September 17, 2009 -- New York Law Journal
Scott Mollen is quoted on a federal judge's dismissal of a number of civil charges against our clients, the Seavey family and its various business entities, on summary judgment. A partner of the Seavey entities had sought $500 million and alleged that the Seaveys did not give him his fair share of the proceeds of the partnership.
September 17, 2009 -- New York Law Journal
Scott Mollen is quoted on a federal judge's dismissal of a number of civil charges against our clients, the Seavey family and its various business entities, on summary judgment. A partner of the Seavey entities had sought $500 million and alleged that the Seaveys did not give him his fair share of the proceeds of the partnership.
Media Mention
Judge Rules Against Applebee’s Lease in Harlem Building
July 17, 2009 -- New York Times blog City Room
This story notes that we prevailed in a piece of real estate litigation on behalf of our client, National Black Theater, which sued to prevent the opening of an Applebee's franchise on a Harlem property that NBT co-owned with a partner. The partner leased the space to the franchise, and NBT sued to block it, claiming that the presence of an Applebee's would be inconsistent with NBT's cultural integrity and mission. Raymond Hannigan, lead attorney in the case, noted that the primary plaintiff died during the proceedings but would have been pleased that the court vindicated her position.
July 17, 2009 -- New York Times blog City Room
This story notes that we prevailed in a piece of real estate litigation on behalf of our client, National Black Theater, which sued to prevent the opening of an Applebee's franchise on a Harlem property that NBT co-owned with a partner. The partner leased the space to the franchise, and NBT sued to block it, claiming that the presence of an Applebee's would be inconsistent with NBT's cultural integrity and mission. Raymond Hannigan, lead attorney in the case, noted that the primary plaintiff died during the proceedings but would have been pleased that the court vindicated her position.
Media Mention
Sunwest's distress is boon to some: Restructuring effort may bring more than $15 million in fees for lawyers, business consultants
April 13, 2009 -- Oregon Statesman Journal
Secured creditors, such as banks, dislike the uncertainty of Chapter 11 filings and lack the patience to wait for a protracted turnaround. Stephen Selbst tells Oregon's largest newspaper, which is reporting on that state's largest bankruptcy. Further, Selbst says, creditors resent the increasingly high professional fees, viewing it as money properly due them.
April 13, 2009 -- Oregon Statesman Journal
Secured creditors, such as banks, dislike the uncertainty of Chapter 11 filings and lack the patience to wait for a protracted turnaround. Stephen Selbst tells Oregon's largest newspaper, which is reporting on that state's largest bankruptcy. Further, Selbst says, creditors resent the increasingly high professional fees, viewing it as money properly due them.
Media Mention
Brokers vs. developers: battling it out in court:
Corcoran Sunshine and Five Franklin Place in latest legal standoff over struggling condo
April 2009 -- The Real Deal
In an article about an increase in litigation between brokers and condo developers, Scott Mollen notes that more lawsuits are filed during economic downturns than in more prosperous times.
April 2009 -- The Real Deal
In an article about an increase in litigation between brokers and condo developers, Scott Mollen notes that more lawsuits are filed during economic downturns than in more prosperous times.
Media Mention
Relying on receivers again: As more properties default, court-appointed guardians take over buildings
April 2009 -- The Real Deal
In a story about a marked increase in courts' appointing receivers and trustees on troubled real estate projects, Chris Sullivan says the difference between this downturn and the last recession is that the market now is seeing more unfinished construction projects, whose viability is threatened absent a trustee.
April 2009 -- The Real Deal
In a story about a marked increase in courts' appointing receivers and trustees on troubled real estate projects, Chris Sullivan says the difference between this downturn and the last recession is that the market now is seeing more unfinished construction projects, whose viability is threatened absent a trustee.
Media Mention
Linens leaves ripple of concern
December 3, 2008 -- The Record of Hackensack
Scott Tross, who represents the special servicer administering a mortgage-backed security containing the mortgage on a New Jersey property where bankrupt Linens 'N' Things is a tenant, says that unless the property owner can find a new tenant, the landlord might default on its mortgage.
December 3, 2008 -- The Record of Hackensack
Scott Tross, who represents the special servicer administering a mortgage-backed security containing the mortgage on a New Jersey property where bankrupt Linens 'N' Things is a tenant, says that unless the property owner can find a new tenant, the landlord might default on its mortgage.
Media Mention
Federal Law Preempts Option For Tenant Purchase, Panel Says
October 9, 2008 -- The New York Law Journal
Scott Mollen is quoted in this front page story on the Appellate Division’s decision to invalidate the Mitchell Lama Law “Local Law 79.”
October 9, 2008 -- The New York Law Journal
Scott Mollen is quoted in this front page story on the Appellate Division’s decision to invalidate the Mitchell Lama Law “Local Law 79.”
Media Mention
Homeowners' Suit Over Access to Exclusive Club Goes Forward
September 16, 2008 -- New York Law Journal
John Goldman is quoted about a case in which a Suffolk County judge refused to dismiss allegations including fraud and breach of contract against our client, but expressed serious doubts about the plaintiffs' ability to prove their case.
September 16, 2008 -- New York Law Journal
John Goldman is quoted about a case in which a Suffolk County judge refused to dismiss allegations including fraud and breach of contract against our client, but expressed serious doubts about the plaintiffs' ability to prove their case.
Media Mention
Macklowe May Lose $500 Million Site On Park Avenue
September 12, 2008 -- Bloomberg News
Gary Eisenberg is quoted in a Bloomberg News story about the significance of Deutsche Bank's lawsuit that seeks to foreclose on Harry Macklowe's prime development parcel on Park Avenue and 56th Street, former site of the Drake Hotel. Gary notes that the lawsuit does not prevent the parties from continuing to negotiate a possible settlement.
September 12, 2008 -- Bloomberg News
Gary Eisenberg is quoted in a Bloomberg News story about the significance of Deutsche Bank's lawsuit that seeks to foreclose on Harry Macklowe's prime development parcel on Park Avenue and 56th Street, former site of the Drake Hotel. Gary notes that the lawsuit does not prevent the parties from continuing to negotiate a possible settlement.
Media Mention
Clashing with the condo board: Gentrification brings increase in disputes between old resident and new buyers
September 1, 2008 -- The Real Deal
Doug Heller and Scott Mollen are quoted in this story about how gentrification in neighborhoods and specific buildings effect longtime residents, newcomers and condominium boards.
September 1, 2008 -- The Real Deal
Doug Heller and Scott Mollen are quoted in this story about how gentrification in neighborhoods and specific buildings effect longtime residents, newcomers and condominium boards.
Media Mention
Cuomo Cracks Down on NY Real Estate Fraud
May 7, 2008 -- Crain's New York Business
Doug Heller is quoted on initiatives of the Attorney General's Real Estate Finance Board to review condo plans more quickly and enforce habitability issues.
May 7, 2008 -- Crain's New York Business
Doug Heller is quoted on initiatives of the Attorney General's Real Estate Finance Board to review condo plans more quickly and enforce habitability issues.
Media Mention
Panel Awards Treble Damages To Evicted Brooklyn Tenant
March 4, 2008 -- New York Law Journal
Scott Mollen is quoted on an Appellate Division decision that held that a lower court should have awarded a tenant treble damages in a wrongful eviction case.
March 4, 2008 -- New York Law Journal
Scott Mollen is quoted on an Appellate Division decision that held that a lower court should have awarded a tenant treble damages in a wrongful eviction case.
Media Mention
Court Ruling a Warning to Aggressive Landlords
February 8, 2008 -- The Real Deal
Scott Mollen is quoted on a court ruling that cautions commercial landlords not to exaggerate tenants' violations or be overzealous in their use of notices to cure.
February 8, 2008 -- The Real Deal
Scott Mollen is quoted on a court ruling that cautions commercial landlords not to exaggerate tenants' violations or be overzealous in their use of notices to cure.
Media Mention
Judge Upholds NY Approval of Condo Conversion Plan
January 8, 2008 -- New York Law Journal
Scott Mollen is quoted on the significance of a major court decision regarding a dispute over one of the largest rental-to-condo conversions in New York.
January 8, 2008 -- New York Law Journal
Scott Mollen is quoted on the significance of a major court decision regarding a dispute over one of the largest rental-to-condo conversions in New York.
Media Mention
Who's On The Hook? Brokers Shun Listing Duties
January 2, 2008 -- The Real Deal
Doug Heller is quoted in an article examining condo brokers' increasing reluctance to become listing brokers of record because of obligations and liabilities that attach to that designation.
January 2, 2008 -- The Real Deal
Doug Heller is quoted in an article examining condo brokers' increasing reluctance to become listing brokers of record because of obligations and liabilities that attach to that designation.
Media Mention
Cure Notice to Tenant Found 'Deficient' Due to Insufficient Claims
December 7, 2007 -- New York Law Journal
Scott Mollen is quoted regarding issues surrounding notices to cure.
December 7, 2007 -- New York Law Journal
Scott Mollen is quoted regarding issues surrounding notices to cure.
Media Mention
Industry Debates Bush Bailout
December 5, 2007 -- GlobeSt.com
Scott Tross is quoted on the likely effects of the Bush Administration's plan to freeze rates on performing sub-prime mortgages.
December 5, 2007 -- GlobeSt.com
Scott Tross is quoted on the likely effects of the Bush Administration's plan to freeze rates on performing sub-prime mortgages.
Media Mention
Realty Law Digest
November 12, 2007 -- New York Law Journal
Neil Shapiro is quoted, explaining that well-crafted lending documents give lenders broad discretion in how they handle loan collateral upon borrowers' defaults. Neil also analyze the need for loan officers to consult with counsel when loan issues arise, because letters, emails, and phone conversations may be exhibits in subsequent litigation.
November 12, 2007 -- New York Law Journal
Neil Shapiro is quoted, explaining that well-crafted lending documents give lenders broad discretion in how they handle loan collateral upon borrowers' defaults. Neil also analyze the need for loan officers to consult with counsel when loan issues arise, because letters, emails, and phone conversations may be exhibits in subsequent litigation.
Media Mention
Realty Law Digest
November 7, 2007 -- New York Law Journal
Ray Hannigan's litigation success on behalf of a commercial tenant who sued a landlord for failing to complete construction of a leased premises in a timely manner is mentioned in this column. The court awarded direct damages and attorneys' fees, and also damages arising from lost profits.
November 7, 2007 -- New York Law Journal
Ray Hannigan's litigation success on behalf of a commercial tenant who sued a landlord for failing to complete construction of a leased premises in a timely manner is mentioned in this column. The court awarded direct damages and attorneys' fees, and also damages arising from lost profits.
Media Mention
Scarano Pointing the Finger Back
November 2007 -- The Real Deal
Ray Hannigan is quoted on his client's suit against architect Robert Scarano over Scarano's alleged misuse of air rights above buildings adjacent to the "finger building" in Brooklyn.
November 2007 -- The Real Deal
Ray Hannigan is quoted on his client's suit against architect Robert Scarano over Scarano's alleged misuse of air rights above buildings adjacent to the "finger building" in Brooklyn.
Media Mention
49 WB LLC v. Village of Haverstraw
October 2007 -- Law.com
Scott Mollen's New York Law Journal column on eminent domain takings post-Kelo is noted.
October 2007 -- Law.com
Scott Mollen's New York Law Journal column on eminent domain takings post-Kelo is noted.
Media Mention
Landmark Status Is Approved for Domino Refinery in Brooklyn
September 26, 2007
This article examines the attempt by Herrick's client Community Preservation Corporation Resources to develop residential units at the Domino Sugar factory site in Brooklyn, and how that attempt intersects with the site being granted landmark status.
September 26, 2007
This article examines the attempt by Herrick's client Community Preservation Corporation Resources to develop residential units at the Domino Sugar factory site in Brooklyn, and how that attempt intersects with the site being granted landmark status.
Media Mention
Sweet Success: W'burg's Domino Plant Landmarked
September 26, 2007 -- New York Post
This article examines the attempt by Herrick's client Community Preservation Corporation Resources to develop residential units at the Domino Sugar factory site in Brooklyn, and how that attempt intersects with the site being granted landmark status.
September 26, 2007 -- New York Post
This article examines the attempt by Herrick's client Community Preservation Corporation Resources to develop residential units at the Domino Sugar factory site in Brooklyn, and how that attempt intersects with the site being granted landmark status.
Media Mention
Sugar Factory Named Landmark
September 25, 2007 -- The New York Sun
This article examines the attempt by Herrick's client Community Preservation Corporation Resources to develop residential units at the Domino Sugar factory site in Brooklyn, and how that attempt intersects with the site being granted landmark status.
September 25, 2007 -- The New York Sun
This article examines the attempt by Herrick's client Community Preservation Corporation Resources to develop residential units at the Domino Sugar factory site in Brooklyn, and how that attempt intersects with the site being granted landmark status.
Media Mention
Events For September
September 25, 2007 -- The New York Observer
This article examines the attempt by Herrick's client Community Preservation Corporation Resources to develop residential units at the Domino Sugar factory site in Brooklyn, and how that attempt intersects with the site being granted landmark status.
September 25, 2007 -- The New York Observer
This article examines the attempt by Herrick's client Community Preservation Corporation Resources to develop residential units at the Domino Sugar factory site in Brooklyn, and how that attempt intersects with the site being granted landmark status.
Media Mention
Realty Law Digest
September 19, 2007 -- New York Law Journal
Mark Levine is quoted regarding the need for purchasers of real estate to consult with land use counsel prior to going to contract if they intend to develop the property further or alter its current use, or if changes to prevailing zoning would affect the property's value.
September 19, 2007 -- New York Law Journal
Mark Levine is quoted regarding the need for purchasers of real estate to consult with land use counsel prior to going to contract if they intend to develop the property further or alter its current use, or if changes to prevailing zoning would affect the property's value.
Media Mention
The Big Comedown
September 1, 2007 -- Retail Traffic
Scott Tross is quoted in a story regarding investors' concerns with CMBS loans.
September 1, 2007 -- Retail Traffic
Scott Tross is quoted in a story regarding investors' concerns with CMBS loans.
Media Mention
Building Prices Poised For a Drop-Off
September 2007 -- The Real Deal
Scott Tross is quoted analyzing how the subprime default threat was spreading and would likely threaten commercial real estate deals -- or at least prices for the deals -- in New York City.
September 2007 -- The Real Deal
Scott Tross is quoted analyzing how the subprime default threat was spreading and would likely threaten commercial real estate deals -- or at least prices for the deals -- in New York City.
Media Mention
Let The Home Auction Bidder Beware
July 30, 2007 -- The Christian Science Monitor
Scott Tross is quoted -- and his relevant book title is mentioned -- in this story looking at possible pitfalls on bidding on homes in financial distress or approaching foreclosure.
July 30, 2007 -- The Christian Science Monitor
Scott Tross is quoted -- and his relevant book title is mentioned -- in this story looking at possible pitfalls on bidding on homes in financial distress or approaching foreclosure.
Media Mention
Realty Law Digest
June 20, 2007 -- New York Law Journal
Arthur Jakoby is quoted on the importance of title-related litigation, emphasizing that title companies are entitled to prompt notice of claims and that purchases are obligated to conduct due diligence prior to a transaction.
June 20, 2007 -- New York Law Journal
Arthur Jakoby is quoted on the importance of title-related litigation, emphasizing that title companies are entitled to prompt notice of claims and that purchases are obligated to conduct due diligence prior to a transaction.
Media Mention
Mortgage Fraud Skyrocketing in Jersey
June 17, 2007 -- The Star-Ledger
Jaimee Katz Sussner is quoted on the proliferation of mortgage fraud in New Jersey, and authorities; and attorneys' attempts to curb it.
June 17, 2007 -- The Star-Ledger
Jaimee Katz Sussner is quoted on the proliferation of mortgage fraud in New Jersey, and authorities; and attorneys' attempts to curb it.
Media Mention
REBNY Wins Mitchell Lama Cast to Scrap Local Law 79
May 2, 2007 -- Real Estate Weekly
Scott Mollen, who successfully represented REBNY in this matter, is quoted on why overturning Local Law 79 is a just outcome and benefits affordable housing development.
May 2, 2007 -- Real Estate Weekly
Scott Mollen, who successfully represented REBNY in this matter, is quoted on why overturning Local Law 79 is a just outcome and benefits affordable housing development.
Media Mention
REBNY's Win in Mitchell Lama Case Regarding Local Law 79
April 30, 2007 -- therealdeal.com's webcast
Scott Mollen is the subject of this webcast interview, in which he describes his successful representation of REBNY as it sought to strike Local Law 79 as it related to Mitchell Lama housing. Mollen also opined on why striking the law was a just outcome and will enable additional affordable housing development.
April 30, 2007 -- therealdeal.com's webcast
Scott Mollen is the subject of this webcast interview, in which he describes his successful representation of REBNY as it sought to strike Local Law 79 as it related to Mitchell Lama housing. Mollen also opined on why striking the law was a just outcome and will enable additional affordable housing development.
Media Mention
Debating the Benefits of Eminent Domain
April 15, 2007 -- The Record of Hackensack
Scott Mollen is quoted on how the U.S. Supreme Court eminent domain ruling in Kelo did not create a license for abuse, and that private developer involvement is often necessary to accomplish projects that serve important public purposes.
April 15, 2007 -- The Record of Hackensack
Scott Mollen is quoted on how the U.S. Supreme Court eminent domain ruling in Kelo did not create a license for abuse, and that private developer involvement is often necessary to accomplish projects that serve important public purposes.
Media Mention
Litigation Just Starting in Subprime Meltdown
April 12, 2007 -- New York Law Journal
Scott Mollen is quoted in a story on how the mortgage industry has been adversely affected by the collapse of lenders that provide subprime home mortgates to borrowers with poor credit.
April 12, 2007 -- New York Law Journal
Scott Mollen is quoted in a story on how the mortgage industry has been adversely affected by the collapse of lenders that provide subprime home mortgates to borrowers with poor credit.
Media Mention
Devious Deeds: Mortgage Fraud on Rise, With Losses Doubled in 2005
April 1, 2007 -- Commercial Property News
Jaimee Katz Sussner is quoted in a story that noted the dramatic rise in mortgage fraud from year to year.
April 1, 2007 -- Commercial Property News
Jaimee Katz Sussner is quoted in a story that noted the dramatic rise in mortgage fraud from year to year.
Media Mention
Class Action Lawyers Pounce on Subprime Crisis
March 14, 2007 -- Reuters
Scott Tross is quoted in this story about potential class action litigation against lenders and possibly their auditors and bankers, and possible defenses against investors' claims arising from the subprime meltdown.
March 14, 2007 -- Reuters
Scott Tross is quoted in this story about potential class action litigation against lenders and possibly their auditors and bankers, and possible defenses against investors' claims arising from the subprime meltdown.
Media Mention
How To Get Sued
January 15, 22 and 29, 2007 -- Real Law Central
Scott Mollen is quoted in this three-part series on why real estate brokers get sued and what they can do to avoid litigation and liability.
January 15, 22 and 29, 2007 -- Real Law Central
Scott Mollen is quoted in this three-part series on why real estate brokers get sued and what they can do to avoid litigation and liability.
Media Mention
Accused: How to Survive a Fair Housing Violation
January 2007 -- RealLawCentral.com
Mara Levin is quoted on how real estate agents face claims of violations of fair housing laws, and how they can protect themselves against liability.
January 2007 -- RealLawCentral.com
Mara Levin is quoted on how real estate agents face claims of violations of fair housing laws, and how they can protect themselves against liability.
Media Mention
Best Deal On Insurance That Won't Leave You Stranded
November 1, 2006 -- Real Estate Weekly
Doug Heller authors an article about the importance of shopping for condominium insurance coverage, understanding it and reviewing it -- before disaster strikes.
November 1, 2006 -- Real Estate Weekly
Doug Heller authors an article about the importance of shopping for condominium insurance coverage, understanding it and reviewing it -- before disaster strikes.
Media Mention
Property & The Law: Top Real Estate Attorneys Talk About the Key Issues of the Day
July/August 2006 -- Real Estate New Jersey
Scott Tross is featured in an article that analyzes key issues facing real estate entities, including litigation trends and the possibility of an increasing amount of distressed commercial real estate debt.
July/August 2006 -- Real Estate New Jersey
Scott Tross is featured in an article that analyzes key issues facing real estate entities, including litigation trends and the possibility of an increasing amount of distressed commercial real estate debt.
Media Mention
Partnership in Deal for Empire State Building
March 19, 2002 -- The New York Times
This article details the historic sale of the Empire State Building to a group led by Peter Malkin.
March 19, 2002 -- The New York Times
This article details the historic sale of the Empire State Building to a group led by Peter Malkin.
Media Mention
Long, Long Legal Battle for Tall, Tall Building
December 12, 2001 -- The New York Times
This article details the historic sale of the Empire State Building to a group led by Peter Malkin.
December 12, 2001 -- The New York Times
This article details the historic sale of the Empire State Building to a group led by Peter Malkin.
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