News & Insights

  • When Is the Statute of Limitations Extended for a Continuous Wrong?

    When someone sues another party, the lawsuit must be filed within a certain period of time after the wrongful act was committed. This is known as the statute of limitations and the period varies depending on the basis of the lawsuit (ex. breach of contract, personal injury, etc.). If a party tries to bring the … Read more

  • When is “Law Office Failure” a Valid Excuse for a Missed Court Deadline?

    When a plaintiff sues and serves papers on a defendant, it starts the clock running on the defendant to respond. A defendant has 20 or 30 days (depending on how service is completed) to either file an answer or otherwise respond to the complaint. If the defendant does neither, the plaintiff will file a motion … Read more

  • Beware of Conditions Placed on a Charitable Gift of Real Property

    When a party gifts real property to a charity, it is not unusual for them to put a condition on the gift in order to ensure the property will be used for a particular purpose. Such conditions will be encompassed in the language of the deed transferring the property. It does not matter how much … Read more

  • Partnership Agreements Govern Partnership Disputes

    As a general principle, where parties have a contractual relationship, the terms of the agreement will govern any disputes. While there may be other laws that apply to the relationship, they may only be applicable where the contract is silent, invalid or some exception exists. The importance of the parties’ agreement in resolving conflicts also … Read more

  • Contesting a Will Because of Undue Influence

    One ground which can be raised to contest a decedent’s will (or a particular bequest) is that the decedent was subject to “undue influence.” Proving undue influence is difficult. The mere fact that someone was close to the person who died and may have been in a position to exert undue influence is not enough … Read more

  • Is Your Contract Enforceable?

    During contract negotiations, parties often focus more on their verbal discussions than what is ultimately put in writing. However, when the optimism about the agreement fades and one party tries to avoid their obligations under a contract, the lack of attention paid to the details of the written contract can be problematic. A valid contract … Read more

  • Malpractice

    CAN A PROFESSIONAL BE LIABLE FOR MALPRACTICE WITHOUT A CONTRACTUAL RELATIONSHIP?

    Malpractice arises when a professional (doctor, lawyer, etc.) with a duty of care to a party acts in a negligent manner that causes harm to that party. Typically, the duty of care arises because there is a direct contractual relationship between the parties – that is, the plaintiff hired the defendant. However, in a recent … Read more

  • internal affairs

    Choice of Law in Lawsuits Involving the Internal Affairs of a Foreign Corporation

    When a party brings an action against a foreign corporation (i.e., a corporation organized in another country or state), there will be a choice of law issue for the court. Any time a lawsuit implicates the substantive laws of more than one jurisdiction, a court must determine which jurisdiction’s law is most appropriate to resolve … Read more

  • Nuisance

    When Can You Sue for a Public or Private Nuisance?

    When someone else’s conduct negatively impacts the use and enjoyment of your property, you may have a claim for nuisance. There are two types of nuisance actions: public nuisance and private nuisance. Each has its own requirements to establish a valid claim which varies significantly. A private nuisance action is a suit by an individual … Read more

  • New York City

    NEW YORK CITY PROTECTS PERSONAL GUARANTORS OF COMMERCIAL LEASES IN COVID-19 DEFAULTS

    On May 26, 2020, New York City Mayor Bill DeBlasio signed a new law addressing the liability of personal guarantors for the debts of commercial tenants that defaulted due to COVID-19. Governor Andrew Cuomo had previously issued Executive Orders which prohibited the imposition of late charges and temporarily halted evictions of commercial tenants. As a … Read more

When Is the Statute of Limitations Extended for a Continuous Wrong?

When someone sues another party, the lawsuit must be filed within a certain period of time after the wrongful act was committed. This is known as the statute of limitations and the period varies depending on the basis of the lawsuit (ex. breach of contract, personal injury, etc.). If a party tries to bring the … Read more

Partnership Agreements Govern Partnership Disputes

As a general principle, where parties have a contractual relationship, the terms of the agreement will govern any disputes. While there may be other laws that apply to the relationship, they may only be applicable where the contract is silent, invalid or some exception exists. The importance of the parties’ agreement in resolving conflicts also … Read more

Contesting a Will Because of Undue Influence

One ground which can be raised to contest a decedent’s will (or a particular bequest) is that the decedent was subject to “undue influence.” Proving undue influence is difficult. The mere fact that someone was close to the person who died and may have been in a position to exert undue influence is not enough … Read more

Is Your Contract Enforceable?

During contract negotiations, parties often focus more on their verbal discussions than what is ultimately put in writing. However, when the optimism about the agreement fades and one party tries to avoid their obligations under a contract, the lack of attention paid to the details of the written contract can be problematic. A valid contract … Read more

CAN A PROFESSIONAL BE LIABLE FOR MALPRACTICE WITHOUT A CONTRACTUAL RELATIONSHIP?

Malpractice

Malpractice arises when a professional (doctor, lawyer, etc.) with a duty of care to a party acts in a negligent manner that causes harm to that party. Typically, the duty of care arises because there is a direct contractual relationship between the parties – that is, the plaintiff hired the defendant. However, in a recent … Read more

Choice of Law in Lawsuits Involving the Internal Affairs of a Foreign Corporation

internal affairs

When a party brings an action against a foreign corporation (i.e., a corporation organized in another country or state), there will be a choice of law issue for the court. Any time a lawsuit implicates the substantive laws of more than one jurisdiction, a court must determine which jurisdiction’s law is most appropriate to resolve … Read more

When Can You Sue for a Public or Private Nuisance?

Nuisance

When someone else’s conduct negatively impacts the use and enjoyment of your property, you may have a claim for nuisance. There are two types of nuisance actions: public nuisance and private nuisance. Each has its own requirements to establish a valid claim which varies significantly. A private nuisance action is a suit by an individual … Read more

NEW YORK CITY PROTECTS PERSONAL GUARANTORS OF COMMERCIAL LEASES IN COVID-19 DEFAULTS

New York City

On May 26, 2020, New York City Mayor Bill DeBlasio signed a new law addressing the liability of personal guarantors for the debts of commercial tenants that defaulted due to COVID-19. Governor Andrew Cuomo had previously issued Executive Orders which prohibited the imposition of late charges and temporarily halted evictions of commercial tenants. As a … Read more