News & Insights

LET THE BUYER BEWARE: TITLE INSURANCE MAY NOT FULLY PROTECT YOUR REAL ESTATE PURCHASES

Real estate purchasers in New York almost always buy title insurance at the time of the transaction. However, a case decided by the New York Appellate Division, First Department on September 3, 2019 confirmed that even when title insurance is obtained, issues regarding title can still arise. In Akasa Holdings LLC v. 214 Lafayette House, … Read more

Suing an Unlicensed Home Improvement Contractor Is Not as Easy as You Think

New York City (and various other counties throughout the State) now impose a requirement that all contractors doing home improvements must have licenses issued by the municipality where the work is to be performed. Indeed, in 2006, the NYC Administrative Code added Title 20, Chapter 2, Subchapter 22 which addresses home improvements and sets out … Read more

Does a Lease’s “No Pet” Provision Apply to Emotional Support Animals?

All landlords should know they cannot discriminate against those who are disabled. The New York Human Rights Law prohibits discrimination throughout the State on the basis of disability, including in housing situations. However, many landlords may not be aware of how broadly the law applies especially in light of a recent court decision protecting disabled … Read more

New York Court Upholds 2017 Regulation of Title Insurance Companies

In late 2017, the New York Department of Financial Services (“DFS”) promulgated Insurance Regulation § 208 in an effort to protect purchasers of title insurance from excessive rates and ensure reasonable charges for ancillary services provided by title insurance companies. Following enactment of the regulation, it was contested in court by the New York State Land … Read more

New York Court Recognizes Possible Constructive Trust Claim to Property When Non-Married Couples Split Up

When unmarried couples make oral financial promises to each other, problems can arise if they split up. In a recent New York court decision, the Appellate Division, Second Department addressed such a situation, finding that the Plaintiff could pursue her claim for constructive trust with respect to certain property she asserted was promised to her … Read more

How Medical Marijuana Use May Affect Workplace Drug Testing in New York

In July of 2014, Governor Cuomo signed the Compassionate Care Act (“CCA”) authorizing the manufacture, sale and use of medical marijuana within New York State. The CCA has created a potential issue for those employers who conduct drug testing or otherwise have a written policy against the use of recreational drugs. The open question is whether … Read more