News & Insights

When Are Condominium Board Members Entitled to Indemnification?

When Are Condominium Board Members Entitled to Indemnification?

Many owners of cooperative (co-op) and condominium apartments serve on the Board of their co-op or condominium association as a way to exercise control over how the building is operated. Often, they assume that if they get sued for their conduct as a Board member, that the co-op or condo will pay the legal fees, … Read more

When Is the Statute of Limitations Extended for a Continuous Wrong?

When someone sues another party, the lawsuit must be filed within a certain period of time after the wrongful act was committed. This is known as the statute of limitations and the period varies depending on the basis of the lawsuit (ex. breach of contract, personal injury, etc.). If a party tries to bring the … Read more

Contesting a Will Because of Undue Influence

One ground which can be raised to contest a decedent’s will (or a particular bequest) is that the decedent was subject to “undue influence.” Proving undue influence is difficult. The mere fact that someone was close to the person who died and may have been in a position to exert undue influence is not enough … Read more

Is Your Contract Enforceable?

During contract negotiations, parties often focus more on their verbal discussions than what is ultimately put in writing. However, when the optimism about the agreement fades and one party tries to avoid their obligations under a contract, the lack of attention paid to the details of the written contract can be problematic. A valid contract … Read more

When Can You Sue for a Public or Private Nuisance?

Nuisance

When someone else’s conduct negatively impacts the use and enjoyment of your property, you may have a claim for nuisance. There are two types of nuisance actions: public nuisance and private nuisance. Each has its own requirements to establish a valid claim which varies significantly. A private nuisance action is a suit by an individual … Read more