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The federal government recently passed a law requiring most companies to disclose their beneficial owners. The chief purpose of the statute is to prevent financial crimes. By mandating such disclosure, the Corporate Transparency Act (the “Act”) makes it difficult for individuals to conceal illegal activities using shell companies. New York State has also enacted its … Read more
In 2019, largely in response to the #MeToo movement, the New York Legislature amended the New York General Obligations Law to prohibit the use of a non-disclosure provision in any document resolving a claim in which sexual harassment was alleged. This prohibition did not apply, however, if the complainant chose to include the non-disclosure language … Read more
In a previous blog post, we discussed a court ruling on when a party can terminate a license to use property at will. The decision of the New York Appellate Division, Fourth Department in Skaneateles Country Club v. Cambs had created another exception to the general rule that license agreements can be terminated at will. … Read more
Generally, under New York law, a release signed by one party releasing the other party from liability bars the first party (the releasor) from suing the second party (the releasee). However, how this rule plays out in court can be complicated as demonstrated in a recent decision of the New York Appellate Division, Second Department. … Read more
Like any contract, leases must meet certain requirements to be legally valid. One of these requirements was addressed in a recent decision of the New York Supreme Court Appellate Division, First Department. The case involved a lease amendment that was signed by the tenant but the tenant never received a copy of the fully executed … Read more
“Caveat emptor” (i.e. let the buyer beware) is a long-standing doctrine in New York which states that a seller is not liable for failing to disclose information regarding the item being sold unless the seller actively conceals the information from the buyer. As demonstrated in a case recently decided by the New York Appellate Division, … Read more
In certain types of collection actions, New York has an expedited process known as a Motion for Summary Judgment in Lieu of Complaint (CPLR § 3213). The provision allows a party to commence an action without the filing of a complaint and immediately move for summary judgment but only if the “action is based upon … Read more
A recent New York case brought by a co-op shareholder against a co-op board and its members has important lessons for those considering similar lawsuits or concerned about defending their actions. While the case is still in its early stages, the decision discusses the duties of board members and when they may be liable for … Read more
Generally, under New York law, real estate transactions must be in writing and signed by the parties to be enforceable. General Obligations Law § 5-703(3) states that a contract to transfer real property is void unless the contract or some note, or memorandum thereof is in writing and signed by the “party to be charged therewith.”. … Read more
Landowners can allow others to utilize their property in multiple ways. One way is with a lease that generally grants a user (the tenant) the exclusive right to use and access the property during the term of the lease. A second option is to grant a license to use property. Unlike a lease, a license … Read more