News & Insights

Is Your Arbitration Clause Binding?


In certain business arrangements, it is common for a party to insist on including an arbitration clause in the agreement. The purpose of such a clause is to avoid the time and expense involved in litigation if a dispute occurs since arbitration is often faster and less costly than going to court. While such provisions … Read more

When Can You Sue for Negligent Hiring?

Negligent Hiring

If someone is injured by an employee, there may be grounds for suing the employer for negligent hiring and retention of that employee. However, there are strict requirements for bringing a claim which can be difficult to establish, as we discussed in a prior blog post involving a lawsuit against a church. In that case, … Read more

When Can a Difficult Executor or Trustee Be Removed?

Executor or Trustee

Conflicts between fiduciaries (whether executors or trustees) and beneficiaries are not unusual. For instance, these often occur with trusts of long duration, where the trustee controls a beneficiary’s access to assets which the beneficiary would prefer to have outright. Disputes may also arise among co-executors or co-trustees, especially if they have differing views on how … Read more

Homeowner Has Right To Notice Before Lender Can Foreclose

Right To Notice

Long before COVID, New York law protected homeowners from foreclosure by requiring that lenders take certain steps prior to commencing legal action. One of these steps involves giving advance written right to notice to the homeowner. In a recent decision, a New York appellate court clarified the rules regarding notice and confirmed that lenders must … Read more