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Scott E. Mollen: news
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New Leases Bring 111 Great Neck Road to Nearly Full Occupancy
June 18, 2013
More than 20,000-square-feet of office space at 111 Great Neck Road was leased in the first quarter of 2013, continuing the rapid success the building has seen since Scott E. Mollen, Co-Chair of Herrick, Feinstein’s Real Estate Department, became its court-appointed receiver in 2010.
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Great Depression to Great Recession
June 10, 2012 -- Bisnow
On June 6th, more than 300 leading commercial real estate developers, owners, financiers, brokers and government officials joined Herrick, Feinstein LLP at the Eventi Hotel, in honor of the firm's 85th anniversary and to toast the bright outlook for New York City's commercial real estate market.
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A Who’s Who of Real Estate Industry Leaders Gather to Celebrate Herrick, Feinstein’s 85th Anniversary and a Resurgent Market
June 6, 2013
More than 300 leading commercial real estate developers, owners, financiers, brokers and government officials joined Herrick, Feinstein LLP at the Eventi Hotel, in honor of the firm’s 85th anniversary and to toast the bright outlook for New York City’s commercial real estate market.
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A legal potboiler that would make Grisham grimace
May 24, 2013 -- Long Island Business News
Herrick, Feinstein Partner Scott Mollen is quoted on fraud claims against DataTreasury. Mollen, who represented DataTreasury founder Claudio Ballard and two other individuals, said the suit “transcends intellectual property and impacts the entire field of business contracts.” He added, “Many businesses have defended claims based on oral joint ventures, where the plaintiffs don’t have written contracts memorializing the alleged agreements.”
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$15B suit against DataTreasury dismissed
May 18, 2013 -- Newsday
New York State Supreme Court Justice Elizabeth Emerson dismissed a $15 billion lawsuit against DataTreasury Corp., which was founded in Melville (Long Island), ruling the claim was filed well beyond the statute of limitations. Herrick, Feinstein Partner Scott E. Mollen, who represented DataTreasury founder Claudio Ballard and two other individuals in the suit, said the company "is extremely gratified that the court carefully analyzed the 433-paragraph complaint."
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Judge Rebuffs Investor's Bid for a Big Share of Patent Holding Company's Licensing Fees
May 16, 2013 -- New York Law Journal
On May 10, Suffolk County Supreme Court Justice Elizabeth Emerson dismissed all 38 claims against DataTreasury Corp. and several of its executives, including founder Claudio Ballard. Herrick, Feinstein Partner Scott E. Mollen, who represented Ballard and two other individuals in the suit, said he was "extremely gratified" by Emerson's ruling.
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Scott Mollen Represents the Founder, CEO and General Counsel of DataTreasury Corporation in Dismissal of $15 Billion Lawsuit
May 15, 2013 -- BNA Banking Daily
The recent decision to dismiss a $15 billion lawsuit against DataTreasury, which patented check imaging technology used by most banks, is good news for those banks and financial institutions that are named as co-defendants in pending lawsuits. Herrick, Feinstein Partner Scott E. Mollen, who represented DataTreasury founder Claudio Ballard and two other individuals in the suit, said, "This paves the way for the banks to move to dismiss if the plaintiff doesn't voluntarily withdraw."
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Check-Imaging Patent Owner Ducks $15B Fraud Suit
May 13, 2013 -- Law 360
The NYS Supreme Court dismissed a $15 billion lawsuit against DataTreasury Corp and its founder Claudio Ballard brought by a purported investor who claimed he was defrauded out of profits the company made by licensing its check imaging technology to major banks. Herrick, Feinstein Partner Scott E. Mollen, counsel to Mr. Ballard and other defendants, said he was "gratified that the court carefully weeded through the 433-paragraph complaint and concluded that every single claim should be dismissed." He also noted that the decision "paved the way" for the dismissal of the pending claims against the banks by the defendant.
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Herrick, Weil Knock Out Investor's Suit Against DataTreasury
May 13, 2013 -- Investment Advisors
In a story about the dismissal of the $15 billion lawsuit against DataTreasury by a purported investor, it is noted that Herrick, Feinstein Partner Scott E. Mollen and Associate Marissa Leto successfully represented DataTreasury founder Claudio Ballard and other co-defendants. Mr. Mollen said that he was "extremely gratified" by the court's decision.
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Mollen of Herrick, Feinstein brings 111 Great Neck Rd. to 89% occupied
February 12, 2013 -- New York Real Estate Journal
In an article about 111 Great Neck Road, a property that has been in receivership since 2010, it is noted that Scott E. Mollen, Co-Chair of Herrick, Feinstein LLP’s Real Estate Group and the court-appointed receiver of the property, has employed a forward-thinking, pro-active approach to managing the building in an effort to establish a strong tenant roster and position the building for the future.
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Four New Leases Bring 111 Great Neck Road to Nearly 90% Occupancy: Herrick, Feinstein LLP Helps Property Thrive in Receivership
December 28, 2012
Building on recent successes, four new leases have been signed at 111 Great Neck Road in the town of Great Neck in Nassau County, NY bringing the property, which has been in receivership since 2010 to approximately 89% occupied.
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Claims Narrowed in Lawsuit Alleging “Pay to Prosecute” Scheme
December 27, 2012 -- New York Law Journal
In an article detailing the ruling by a federal judge to narrow a lawsuit filed by Long Island attorney Robert Del Col and his client, Ted Doukas, against Nassau County DA Kathleen Rice and officials of DataTreasury, a Texas company founded in Melville, it is noted that Scott Mollen, Partner and co-chair of Herrick, Feinstein’s Real Estate Group, is representing several DataTreasury officials. District Judge Margo Brodie dismissed several claims in the suit, which alleges that campaign contributions made to Rice by DataTreasury officials led her office in 2009 to charge Del Col and Doukas with extortion. “Our clients are clearly gratified that so many claims have either been dismissed or withdrawn in an action that they believe is clearly baseless.”
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Herrick, Feinstein Team Helps Property Thrive in Receivership
December 27, 2012 -- Real Estate Weekly
In an article about 111 Great Neck Road, a property that has been in receivership since 2010, it is noted that Scott E. Mollen, Co-Chair of Herrick, Feinstein LLP’s Real Estate Group and the court-appointed receiver of the property, has employed a forward-thinking, pro-active approach to managing the building in an effort to establish a strong tenant roster and position the building for the future. Mr. Mollen is quoted, saying, “This property is one of the pre-eminent buildings in the Nassau County office marketplace and I knew that it was crucial to reassure existing tenants and communicate to potential tenants, that 111 Great Neck Road would continue to be run as a Class A building during receivership.”
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Conspiracy Suit Against DA Rice Narrows
December 19, 2012 -- Newsday
In an article about a ruling by a federal judge to narrow a lawsuit filed by attorney Robert Del Col and his client, Ted Doukas, against Nassau County DA Kathleen Rice and officials of DataTreasury, a Texas company founded in Melville, it is noted that Scott Mollen, Partner and co-chair of Herrick, Feinstein’s Real Estate Group, is representing several DataTreasury officials. District Judge Margo Brodie threw out several claims in the suit, which alleges that campaign contributions made to Rice by DataTreasury officials led her office in 2009 to charge Del Col and Doukas with extortion. Mr. Mollen is quoted, saying he is “confident all the claims will fail in the end.”
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NY Court of Appeals Judge Jones dies at 68
November 6, 2012 -- Thomson Reuters News & Insight
In an article about the passing of Judge Theodore Jones Jr. of the New York State Court of Appeals, Herrick, Feinstein Partner and co-Chair of the Real Estate Group, Scott Mollen is quoted among attorneys, judges and bar groups who praised Judge Jones. Mr. Mollen, who graduated with Jones from St. John's University School of Law in 1972, said "He was the antithesis of pompousness and arrogance."
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Excel Realty Advisors sues Engel Burman over Bristal sale
October 10, 2012 -- Long Island Business News
Herrick, Feinstein Litigation Partners Scott Mollen and John Goldman, were quoted in an article about the recent lawsuit filed in New York State Supreme Court by Excel Realty Advisors against The Engel Burman Group and several affiliates for breach of contract and refusal to compensate for brokerage and consulting services. Mr. Mollen and Mr. Goldman noted that Excel had “been specifically employed by Jan Burman to find a joint venture financial partner to reacquire and expand the Bristal chain of assisted care facilities,” And, after Excel ”accomplished precisely what it was asked to do”, the defendants are now seeking to “circumvent their contractual obligation to pay a commission.”
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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.
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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.”
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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."
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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.”
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Herrick Feinstein Leads Successful Appeal in Protracted Battle for Waterfront Development Site
April 25, 2012
A New York State Supreme Court, Appellate Division, Second Department panel ruled unanimously that the City of Long Beach could be sued by developer Sinclair Haberman for upwards of $50 million in damages for the revocation of a previously issued building permit for the construction of a residential condominium/co-op development along the city's waterfront.
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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.”
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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.
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Herrick, Feinstein Expands Real Estate Group
April 24, 2012 -- LawDragon
An article noting the expansion of Herrick, Feinstein’s expansion of the real estate group was featured on April 24. Irwin Kishner, David Bryne, Scott Mollen and Dennis Russo are quoted on the significant growth of the practice.
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Claims Against Zoning Board Over Halted Project Upheld
April 23, 2012 -- New York Law Journal
Scott Mollen is quoted on the ruling in the Haberman vs. Zoning Board of Appeals case, noting “this case makes it clear that the failure to disclose a personal interest does in fact provide a basis for a claim of lack of due process."
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Nine-Attorney Real Estate Team Jumps to Herrick, Feinstein
April 20, 2012 -- City Biz List
The publication noted that a nine-attorney team made the move from Stark & Stark to Herrick, Feinstein to expand the firms’ real estate practice. Partners Scott Mollen, Dennis Russo, David J. Byrne, Richard B. Linderman and Mark M. Wiechnik, as well as counsel Stacey Patterson are mentioned in the piece.
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Park51 community center developers spar with Con Ed over rent
April 19, 2012 -- New York Post
Herrick partner Scott Mollen is quoted in an article that discusses the rent increase case between Con Ed and Park51 community center developers.
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Herrick, Feinstein Expands Real Estate Group with Addition of Nine Attorneys
April 19, 2012 -- Herald Online
The article discusses the addition of nine attorneys and 10 staff members to Herrick’s real estate practice, noting that the group will be led by partners David J. Byrne, Richard B. Linderman and Mark M. Wiechnik. Irwin Kishner, David Bryne, Scott Mollen and Dennis Russo are all quoted in the article.
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NYC, Owners of SRO Buildings Reach Settlement Over Residency
November 30, 2011 -- New York Law Journal
Scott Mollen is quoted and Jack Sheridan mentioned in this story, which notes that out client, an Upper West Side building known as the Montroyal, was among several properties that agreed as part of a settlement to rent units only to permanent residents, not transients and tourists. The settlement, which included no admission of liability, ended four years of litigation and was based largely on an amendment to the Multiple Dwelling Law that the state legislature passed.
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Park51 developer Sharif El-Gamal gets more time to catch up on back rent to Con Edison
November 30, 2011 -- New York Daily News
Scott Mollen's representation of Consolidated Edison is noted in this story. Scott argued that Con Ed's tenant, who is in arrears on his rent, does not appear to have the wherewithal to bring himself current on what he owes. Scott also pointed out that the tenant is behind on his property taxes on a nearby property and is a defendant in two civil cases in which banks claim he owes them money.
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Judge blocks eviction of Ground Zero mosque: A judge ruled that landlord Consolidated Edison cannot boot the Park51 Community Center from its home over $1.7 million in back rent. The ruling gives the developer 20 days to pay up.
November 29, 2011
Scott Mollen's representation of Consolidated Edison in a rent dispute with a tenant in a Con Ed-owned building is covered here. The story notes that although a Manhattan judge enjoined Con Ed from evicting Park51 Community Center -- better known as the Ground Zero mosque -- from Con Ed-owned property, he ordered that the tenant increase its bond securing back rent almost nine-fold and allowed our client to increase the monthly rent by more than double. The judge did not decide whether Park51 owes $881,000 in back rent, as the tenant claims, or $1.7 million, as we claim on Con Ed’s behalf.
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Corruption Case Against Developer Is to End
November 23, 2011 -- The New York Times
Scott Mollen is quoted and Steven Feldman mentioned in this story, which describes how they helped convince the U.S. Attorney's Office to drop charges against our client, the developer Aaron Malinsky, who had been indicted on corruption charges as part of the case against State Senator Carl Kruger. If Malinsky avoids legal trouble for six months, the charges will be dismissed with prejudice.
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Con Ed wants to evict Ground Zero mosque developer over $1.7M back rent
November 17, 2011 -- New York Post
Scott Mollen is quoted in this story, which describes our representation of Con Edison in the utility's attempt to evict the would-be developer of a controversial community center and mosque near Ground Zero. Through Scott, Con Ed argues in court that Sharif el-Gamal cannot pay the $1.7 back rent that Con Ed alleges he owes.
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Landlord Is Ordered to Pay Fees of Tenant Who Averted Eviction
September 20, 2011 -- New York Law Journal
Scott Mollen analyzes a recent New York State appellate decision that clarifies when a tenant who prevails in litigation may recover legal fees under the state's real property laws. Even though this decision held that the landlord had to pay the tenant's legal fees, Scott says the decision helps landlords and tenants by clarifying the larger issue of when tenants may recover fees.
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Aisle Be Damned! Navy Yard Fires Supermarket Developer
March 21, 2011 -- The Brooklyn Paper
Scott Mollen is quoted, and our representation of Aaron Malinsky in a bribery scandal is noted, in “Aisle Be Damned! Navy Yard Fires Supermarket Developer.” The article discusses how The Brooklyn Navy Yard fired Malinsky as developer of the $60-million ShopRite supermarket at the corner of Flushing Avenue and Navy Street. Mollen explains that there is a difference between making allegations and proving those allegations in court.
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Brooklyn Navy Yard fires development firm linked to bribery scheme
March 11, 2011 -- The Real Deal Online
Scott Mollen says that our client, white collar defendant Aaron Malinsky, is seeking to withdraw from ownership and management of the real estate development company of which he is a principal and founder. He also notes the vast difference between making allegations and proving them.
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Developer at Brooklyn Navy Yard charged in federal bribery case
March 10, 2011 -- The Real Deal Online
Our representation of the real estate developer Aaron Malinsky in a white collar criminal case is noted.
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Realty Law Digest
March 2, 2011 -- New York Law Journal
Stephen Brodie is quoted in Herrick attorney Scott Mollen's column, “Realty Law Digest,” regarding a recent federal court decision in which U.S. District Court Judge Richard Sullivan rejected multiple legal challenges to a pre-negotiation agreement.
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Condos still hot in Chelsea
September 15, 2010 -- Real Estate Weekly
Scott Mollen, who acted as receiver, and Jack Sheridan, who represented the seller, are mentioned in a story that notes the sale of 559 West 23rd Street, a High Line development site.
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The Tiger Woods Effect
April 2, 2010 -- Courthouse Confidential -- The NY Times law blog
Scott Mollen discusses his upcoming presentation on how to represent business executives and celebrities who are extortion or blackmail targets, emphasizing that using law enforcement and various investigative techniques can be effective in convincing would-be extortionists and blackmailers to back off.
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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.
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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.
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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.
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Ruling Sanctions Attorney Who Used ‘Pretext’ to Cancel Deposition
May 11, 2009 -- The New York Law Journal
Scott Mollen and Darren Traub are mentioned in this front page article, which discusses their successful sanctions motion in the Federal District Court (S.D.).
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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.
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The luck of Gluck: In high-profile case, near-default of Riverton may not burn developer
December 2008 -- The Real Deal
Scott Mollen notes that owners and lenders paid robust prices and liberally underwrote deals, respectively, on multi-family properties. In some cases, those strategies worked to the ultimate detriment of the owners and lenders.
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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.”
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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.
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Judge Rejects Jury Attempt To 'Pierce the Corporate Veil’
July 3, 2008 -- New York Law Journal
Scott Mollen is quoted in this article on the difficulty of piercing a corporate veil claim.
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Court Sides With $100M Buyer in Re-trade Argument
June 25, 2008 -- Real Estate Weekly
Scott Mollen is quoted in this article on Herrick’s Appellate Division win in a matter where we represented R.I. Island House/The Sheldrake Organization.
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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.
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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.
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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.
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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.
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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.
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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.
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.
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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.
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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.
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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.