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
In a previous blog post, we discussed a court ruling on when a party can terminate a license to use property at will. The decision of the New York Appellate Division, Fourth Department in Skaneateles Country Club v. Cambs had created another exception to the general rule that license agreements can be terminated at will. … Read more
Generally, under New York law, a release signed by one party releasing the other party from liability bars the first party (the releasor) from suing the second party (the releasee). However, how this rule plays out in court can be complicated as demonstrated in a recent decision of the New York Appellate Division, Second Department. … Read more
When someone is injured by an employee of a business, it isn’t unusual for the individual to often try to hold the employer responsible for the employee’s conduct to bring a party with a “deep pocket” (and potentially their insurance carrier) into the litigation. Depending on the facts of the case, an employer may be … Read more
Like any contract, leases must meet certain requirements to be legally valid. One of these requirements was addressed in a recent decision of the New York Supreme Court Appellate Division, First Department. The case involved a lease amendment that was signed by the tenant but the tenant never received a copy of the fully executed … Read more
In litigation, a judgment is only as good as a plaintiff’s ability to collect it. When a defendant has insurance, this is usually a less difficult process that does not require freezing bank accounts, garnishing wages, or attaching assets. The plaintiff gets a judgment, the defendant’s insurer pays the judgment. But what about when a … Read more
“Caveat emptor” (i.e. let the buyer beware) is a long-standing doctrine in New York which states that a seller is not liable for failing to disclose information regarding the item being sold unless the seller actively conceals the information from the buyer. As demonstrated in a case recently decided by the New York Appellate Division, … Read more
When employees cause harm to third parties, those parties often seek to hold the employer responsible. Employees often rely upon the names and reputations of their employers to open doors to client relationships and to create an assumption of skill and trust. If an employee abuses that access, the employer may be held liable to … Read more
In certain types of collection actions, New York has an expedited process known as a Motion for Summary Judgment in Lieu of Complaint (CPLR § 3213). The provision allows a party to commence an action without the filing of a complaint and immediately move for summary judgment but only if the “action is based upon … Read more