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Negotiating agreements via email is a common practice. However, many people do not realize that those communications may inadvertently create an enforceable contract. While New York law allows electronic signatures in certain instances, it was not clear until recently whether a party must type their signature into the email or if an automatic email signature … Read more
Winning a lawsuit is not enough if you cannot collect the money you were awarded because the defendant got rid of their assets before being found liable. As a result, it is important to consider the risks of this happening as part of your pre-litigation strategy. Where the danger is high, you may be able … Read more
Where negligence or other misconduct causes a death, survivors of the deceased may have a claim for wrongful death against the responsible parties. Wrongful death lawsuits can result in significant monetary awards. For instance, several wrongful death verdicts in excess of $2 million were entered in New York during 2020. However, it is important to … Read more
If a property owner dies with an outstanding mortgage that is in default, the lender will likely seek to foreclose on the property. However, it must take certain steps that vary depending on the type of mortgage, what relief is sought and whether the deceased had a will disposing of the property. The lender must … Read more
If you are considering filing a lawsuit, you may wonder whether you can recover the fees you pay to your attorney if you win the case. Generally, the rule is that everyone pays their own fees, absent a contract provision to the contrary. This is known as the American Rule (in contrast to the English … Read more
Most people would not want a former spouse to inherit their money or have the authority to act as a fiduciary, executor, trustee, guardian, or power of attorney for them. However, if they do not review their estate planning documents after divorce, it can have unintended consequences. As discussed in a previous post, New York … Read more
A Power of Attorney form authorizes someone to act as “an agent” (known as an “attorney-in-fact”) of the individual granting the power (the “principal”). An act taken by an agent has the same legal effect as if the principal were the one acting. New York law sets forth certain requirements that must be met for … Read more
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 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
When a plaintiff sues and serves papers on a defendant, it starts the clock running on the defendant to respond. A defendant has 20 or 30 days (depending on how service is completed) to either file an answer or otherwise respond to the complaint. If the defendant does neither, the plaintiff will file a motion … Read more