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New York Law Journal: Featured Columnists March 4, 2009

By David Badertscher, PLL

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http://www.nylj.com

Subscription required for online access unless otherwise noted:

Appellate Practice

Wednesday, March 4, 2009

By Thomas R. Newman and Steven J. Ahmuty Jr.

"Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, write that where the appellant or moving party is the State or any officer or agency of the State or of any political subdivision of the State '[s]ervice upon the adverse party of a notice of appeal or an affidavit of intention to move for permission to appeal stays all proceedings to enforce the judgment or order appealed from pending the appeal or determination on the motion for permission to appeal.' "

Cooperatives and Condominiums

Wednesday, March 4, 2009

By Richard Siegler and Eva Talel

"Richard Siegler, a partner at Stroock & Stroock & Lavan and an adjunct professor at New York Law School, and Eva Talel, also a partner at Stroock and an adjunct professor at Cardozo Law School, write that when disputes arise between co-ops or condominiums and their respective shareholders or unit owners, an important concern for boards and managers is obtaining reimbursement of legal fees from apartment owners. However, that can be problematic."

OUTSIDE COUNSEL:

Court Clarifies Standard of Review For Referee Reports in Discovery

By Daniel Markewich

"Daniel Markewich, a partner at Mound Cotton Wollan & Greengrass, analyzes a recent Court of Appeals ruling finding that a company was not required to produce a shareholder of its foreign parent company who is a resident of Belgium for oral deposition in New York, nor was the company required to turn over documents relating to a Belgian arbitration to which it is not a party."

REAL ESTATE TRENDS:

Rent Regulation Subscription Required

Wednesday, March 4, 2009

By Warren A. Estis and Jeffrey Turkel

:Warren A. Estis and Jeffrey Turkel, partners at Rosenberg & Estis, review the latest twist in a long-running landlord-tenant dispute that has reached the Court of Appeals, which had upheld the lower court's decision that the fact that a tenant owes substantial back rent as a result of a DHCR determination alone is insufficient to support a finding of undue hardship, while the latest decision holds that DHCR has discretion to give a tenant 48 months to make the repayment.:

Full post as published by New York Supreme Court Criminal Term Library on March 04, 2009 (boomark / email).