Artificial Intelligence (AI) has become unavoidable and increasingly essential in a variety of fields, including the legal profession. While it offers many benefits when used responsibly, there are significant risks when attorneys fail to check the work product generated by AI tools. There have been numerous examples of attorneys submitting unverified AI content to courts, … Read more
The Full Faith and Credit Clause of the United States Constitution (Article IV, Section 1) requires that states uphold as valid judgments properly entered in the courts of a sister state. Thus, valid judgments of a court in one state can be enforced in other states. However, in a recent case, this longstanding principle was … Read more
In New York, commercial and residential tenant rights can vary. One such area involves a commercial tenant’s ability to seek a temporary injunction preventing a landlord from terminating the lease. To obtain a Yellowstone injunction, as it is known, tenants must meet four criteria. While the criteria may seem straightforward, a recent decision of the … Read more
In any lawsuit alleging negligence, an important element of the claim is to show that the defendant did or should have reasonably foreseen the harm that resulted from their conduct. If the harm wasn’t foreseeable, then the defendant cannot be liable for damages. A question that arose in a recent New York case was who … Read more
Generally, one party is not liable for the debts of another absent a written guaranty or agreement assuming responsibility. This is often a saving grace in estate matters where a spouse dies with significant debts and no assets to meet these obligations. However, there is an important exception that applies specifically to spouses known as … Read more
Generally, someone who isn’t a party to a contract cannot sue to enforce the contract. However, there are exceptions. In a recent decision, the New York Appellate Division Second Department addressed this situation, finding that the plaintiff’s claim for breach of contract and unjust enrichment could move forward, despite the fact the plaintiff never became … Read more
A growing number of homeowners have created a new source of income by listing their property on Airbnb. However, some of these individuals have also faced pushback from their neighbors and communities. In a recent New York case, the issue ended up in litigation with the Court called upon to decide whether Airbnb rentals violated … Read more
New York City requires contractors performing services for homeowners or their tenants to have a home improvement license to be entitled to receive payment for their work. This provision was recently interpreted in a case brought by a contractor against an LLC that refused to pay for renovation work. At issue was whether LLCs have … 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
Litigation is an adversarial practice where parties will seek to take full advantage of mistakes made by the other side. In some instances, New York’s Civil Practice Law & Rules (CPLR) and other court rules do provide limited opportunities for attorneys to be excused for their inadvertent errors. While they may be forgiven in certain … Read more