The legal community has lost a remarkable colleague, mentor, and friend with the passing of Ariel Weinstock, who most recently practiced as a partner at Katsky Korens. His impact on the profession – and especially on the Real Property Law Section of the New York State Bar Association – was profound and enduring. Ariel was … Continued
The New York Supreme Court decision in Oasis Investments II Master Fund Ltd. v. Mo (the Fang Holdings Case)1 sets a precedent for New York courts to establish personal jurisdiction over foreign companies that exploit New York markets to defraud investors. This ruling opens new avenues for litigation, empowering the state to hold alleged wrongdoers accountable. Previously, foreign … Continued
Ed’s Note: This is the inaugural edition of EC Observations, a new column offering insights into current issues raised within the Executive Committee of the New York State Bar Association Real Property Law Section. Each installment will highlight a topic of particular relevance or concern to real estate practitioners in New York, drawn directly from … Continued
The Job of a Co-op/Condo Lawyer In my time acting as outside general counsel to cooperative and condominium boards, I have become increasingly convinced that the job has been getting harder and harder. Admittedly, this feeling could be just a variation on the so-called Socratic paradox, that the more I learn about the role, the … Continued
NYSBA’s Real Estate CLE Programs Throughout the year, the New York State Bar Association collaborates with the Continuing Legal Education Committee of the Real Property Law Section to schedule and organize CLE presentations on topics that would be of interest to real estate practitioners and target an audience with varied levels of experience. Some of … Continued
Ed’s Note: This article is one of many insightful pieces published throughout the year on Commentaries on New York Real Property Law, a blog maintained by St. John’s Law student members of the New York Real Property Law Journal. Members of the Real Property Law Section are encouraged to explore the full range of content … Continued
Foreclosure Notice: Lender Fails Again! (Those Envelope Requirements) These articles continue to make the point that foreclosing lenders fail so much of the time to demonstrate delivery of a proper pre-foreclosure notice. It has happened yet again (one of so many instances) in a recent case: HSBC Bank USA, NA v. Schneider.1 The 90-day pre-foreclosure notice pursuant to … Continued
Sometimes we’re faced with collecting from a person or entity who can pay if they want to, but has set up their structure in a way so that they are often successful in not paying when they don’t want to. Under such circumstances, it can be helpful to concentrate on what I like to call … Continued
Introduction The ongoing tension between privacy and government enforcement continues to grow. With rising global instability, federal governments have increased efforts against international threats. These efforts have taken many forms, from tightening national border security to considering a nationwide ban on TikTok. An ongoing controversy that has gained the fear of the corporate world is … Continued
A traditional mediation model for commercial disputes including monetary aspects contemplates that the plaintiff will make an express opening demand, the defendant will counter with a hard offer, and the mediator will then facilitate a negotiation in which the spread gradually closes over ensuing rounds and hopefully produces an ultimate resolution. As one mediator expressed, … Continued