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In New York the transfer of real property is generally evidenced by a deed which gets recorded in the office of the County Clerk) in the county where the real property is located, or in the case of property located in New York City, the City Register. The importance of recording an ownership interest and … Read more
Real estate brokers generally earn their commission when they are the “procuring cause” of the sale of real property and the sale actually closes. In most transactions, it is clear that the broker procured the sale because he or she introduced the actual buyer to the seller. However, in a recent New York case, the … Read more
If you were injured on the job and were awarded workers’ compensation for a set amount of time, what happens if you die during that timeframe from something unrelated to the injury? Do your heirs lose the entire unaccrued portion of the award? Well, the first inquiry required to resolve this question is whether the … Read more
While Election Day has passed, employment concerns about the political activities of employees can come up at any time of year. It is important for employers and employees to understand the rules regarding an employee’s rights to engage in political activity as clarified in a recent decision of the Second Circuit Court of Appeals in … Read more
Most legal claims have a statute of limitations that requires a party to file a lawsuit within a certain time period. The deadline for suing varies depending on the type of claim. However, these rules can be confusing as seen in a recent decision of the New York Appellate Division, Fourth Department. The Court addressed … Read more
Generally, people have broad discretion in deciding how to distribute their assets when they die. However, one limitation in New York is that you cannot disinherit your spouse unless your spouse waived the right to inherit in a prenuptial or postnuptial agreement. If you improperly exclude your spouse from your will, he or she can … Read more
In New York, real property is transferred by the execution and recording of a deed with the County Clerk’s Office in the county where the real property is located. There are different types of deeds and property can be conveyed either in whole or in part. While a deed generally evidences the sale or other … Read more
A handwritten (or holographic) will is not enforceable in all states. However, in certain circumstances, the will may still be probated in a state which does not recognize handwritten wills provided certain requirements are met. A recent New York appellate court decision addressed this issue in the Matter of Noichl. In states that recognize holographic … Read more
It seems fairly obvious that a party cannot claim to have a valid lease if the other side did not agree to it. However, in a recent New York case, a landlord tried to argue that a prospective tenant should not get back money it paid in advance for a lease that the prospective tenant … Read more
In certain business arrangements, it is common for a party to insist on including an arbitration clause in the agreement. The purpose of such a clause is to avoid the time and expense involved in litigation if a dispute occurs since arbitration is often faster and less costly than going to court. While such provisions … Read more