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
In most jurisdictions, including New York, a party is only entitled to litigate a claim once, provided the claim was decided on the merits. One exception to this rule was (believed to be) § 1808 of the New York City Civil Court Act, which seemed to allow a party to sue in small claims court and … 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
A fiduciary is a person who acts on behalf of another and is legally required to act in that person’s best interest. The administrator of a trust or estate is a fiduciary and owes an obligation to the beneficiaries of the trust or estate as well as the estate’s creditors. Where a fiduciary has engaged … 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
A certificate of insurance summarizes the terms of coverage under an insurance policy. Typically, it is issued by the insurance company or a broker. While it is generally used to confirm insurance coverage to a third party, a certificate of insurance does not guarantee coverage by itself. The terms of the insurance contract govern the … 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
New York State Public Health Law § 2164 requires that children from the ages of two months to 18 years, must be immunized from certain diseases, including measles, if they wish to attend school or a child-care facility. The law permitted two exemptions, one for medical reasons and the other, a religious exemption which only required … Read more
An easement gives a party the right to use someone else’s property usually for a specific purpose. Examples include allowing utilities to run sewer lines under the property or permitting a neighbor to cross the property line in order to access a road. These rights are granted in a legal document such as a deed, … 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