News & Insights

  • When is an Easement Valid?

    When is an Easement Valid?

    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

  • Recovering Attorney’s Fees in Deceptive Business Practices Claims

    Recovering Attorney’s Fees in Deceptive Business Practices Claims

    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

  • Is Former Mayor Michael Bloomberg an Employer Under the New York City Human Rights Law

    Is Former Mayor Michael Bloomberg an Employer Under the New York City Human Rights Law

    Employers are responsible for protecting employees from sexual harassment and discrimination in the workplace under federal, New York State and New York City laws. While the business itself may be liable for the unlawful actions of its employees, generally, individuals associated with the business’s ownership or management are not personally liable under the law. This … Read more

  • “Divisible Divorce” Doctrine Highlights Need to Review Estate Plan

    “Divisible Divorce” Doctrine Highlights Need to Review Estate Plan

    Most people would not want a former spouse to inherit their money or have the authority to act as a fiduciary, executor, trustee, guardian, or power of attorney for them. However, if they do not review their estate planning documents after divorce, it can have unintended consequences. As discussed in a previous post, New York … Read more

  • Falsely Accusing Someone of Being Gay is Not Defamation Per Se in New York

    Falsely Accusing Someone of Being Gay is Not Defamation Per Se in New York

    Generally, defamation law prohibits someone from making a false statement of fact about a person that harms his or her reputation. Usually, a plaintiff has to prove special damages (the loss of something having economic or pecuniary value) in order to prevail. However, in a claim for defamation per se, the false statements are deemed … Read more

  • Don’t Lie on an Insurance Application or Your Policy May Be Voided

    Don’t Lie on an Insurance Application or Your Policy May Be Voided

    An insurance application typically requires applicants to answer several questions which allow the insurance company to assess whether it will provide insurance and, if so, how much it will charge. Applicants must be careful about how they respond because if they lie or make a “material misrepresentation” they risk losing coverage. It is well-settled law … Read more

  • New York Changes Power of Attorney Form

    New York Changes Power of Attorney Form

    A Power of Attorney form authorizes someone to act as “an agent” (known as an “attorney-in-fact”) of the individual granting the power (the “principal”). An act taken by an agent has the same legal effect as if the principal were the one acting. New York law sets forth certain requirements that must be met for … Read more

  • When Are Condominium Board Members Entitled to Indemnification?

    When Are Condominium Board Members Entitled to Indemnification?

    Many owners of cooperative (co-op) and condominium apartments serve on the Board of their co-op or condominium association as a way to exercise control over how the building is operated. Often, they assume that if they get sued for their conduct as a Board member, that the co-op or condo will pay the legal fees, … Read more

  • Can a Seller Get Consequential Damages From a Home Buyer Who Breaches the Contract?

    Can a Seller Get Consequential Damages From a Home Buyer Who Breaches the Contract?

    The general rule in New York is that consequential damages are not available to a seller of residential real estate when the purchaser breaches the contract of sale. Consequential damages are damages that result from a breach of contract but would not necessarily occur to every injured party; they are due to an injured party’s … Read more

  • When Can a Profitable Corporation be Dissolved?

    When Can a Profitable Corporation be Dissolved?

    In New York, the Business Corporation Law (“BCL”) allows a shareholder who owns 50 percent of a corporation to seek dissolution of the business on various grounds. In a somewhat renowned case in legal circles, litigation between the two shareholders of the law firm Cellino & Barnes, P.C. (the “P.C”) addresses one issue that can … Read more

When is an Easement Valid?

When is an Easement Valid?

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

Is Former Mayor Michael Bloomberg an Employer Under the New York City Human Rights Law

Is Former Mayor Michael Bloomberg an Employer Under the New York City Human Rights Law

Employers are responsible for protecting employees from sexual harassment and discrimination in the workplace under federal, New York State and New York City laws. While the business itself may be liable for the unlawful actions of its employees, generally, individuals associated with the business’s ownership or management are not personally liable under the law. This … Read more

Don’t Lie on an Insurance Application or Your Policy May Be Voided

Don’t Lie on an Insurance Application or Your Policy May Be Voided

An insurance application typically requires applicants to answer several questions which allow the insurance company to assess whether it will provide insurance and, if so, how much it will charge. Applicants must be careful about how they respond because if they lie or make a “material misrepresentation” they risk losing coverage. It is well-settled law … Read more

When Are Condominium Board Members Entitled to Indemnification?

When Are Condominium Board Members Entitled to Indemnification?

Many owners of cooperative (co-op) and condominium apartments serve on the Board of their co-op or condominium association as a way to exercise control over how the building is operated. Often, they assume that if they get sued for their conduct as a Board member, that the co-op or condo will pay the legal fees, … Read more

Can a Seller Get Consequential Damages From a Home Buyer Who Breaches the Contract?

Can a Seller Get Consequential Damages From a Home Buyer Who Breaches the Contract?

The general rule in New York is that consequential damages are not available to a seller of residential real estate when the purchaser breaches the contract of sale. Consequential damages are damages that result from a breach of contract but would not necessarily occur to every injured party; they are due to an injured party’s … Read more

When Can a Profitable Corporation be Dissolved?

When Can a Profitable Corporation be Dissolved?

In New York, the Business Corporation Law (“BCL”) allows a shareholder who owns 50 percent of a corporation to seek dissolution of the business on various grounds. In a somewhat renowned case in legal circles, litigation between the two shareholders of the law firm Cellino & Barnes, P.C. (the “P.C”) addresses one issue that can … Read more