When suing a municipality, you are generally required to file a Notice of Claim, the purpose of which is to give the municipality prelitigation notice of the claim and afford it an opportunity to investigate and, if warranted, settle such claim without the risk and expense of litigation. Such a filing is considered a jurisdictional … Read more
In a lawsuit, it isn’t unusual for a party to deploy certain tactics to delay the case for strategic reasons. Unfortunately, this can be abused, creating problems for the court system and the other side, as cases become more time-consuming and expensive to resolve. One solution to this problem was recently enacted in New York. … Read more
Businesses have certain legal responsibilities to guests on their property, but how far those responsibilities extend is frequently litigated. A recent New York decision addressed the question of when a business assumes a duty of care to a guest in a case involving a tragic suicide. While the facts are unusual, the court’s analysis can … Read more
A power of attorney is a document that authorizes an individual to act on another person’s behalf. The party who is appointed (the agent) is usually permitted to act on behalf of the grantor of the power (the principal) for as long as the grantor is alive. The agent has a fiduciary obligation to act … Read more
When a corporation or other entity leases commercial property, the landlord often requires the corporate tenant to provide a guarantor. Typically, this is done when the corporate tenant is a recently formed entity and has no real track record of payment, or simply as additional security in the event the corporation goes out of business. … Read more
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