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
In litigation, it is important to determine not only who did what to whom, and what damage resulted, but also who can be held legally responsible for the conduct. The latter issue commonly arises when an employee causes injury to another party and the suit seeks to hold the employer liable for the employee’s actions. … Read more
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
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
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
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
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
The Americans with Disabilities Act (ADA) protects individuals who are disabled (or considered to be disabled) from discrimination in a variety of contexts. In the employment arena, it applies to employers who have 15 or more employees. While it encompasses a wide range of physical or mental impairments, there are limitations in who is considered … Read more
Generally, New York law provides that a company that buys the assets of another business is not liable for the seller’s pre-existing liabilities. However, there are several important exceptions to this rule. One of them is known as the de facto merger doctrine and it creates successor liability when the transaction between the purchasing and … Read more
While we all receive an account agreement when we open a bank account, very few of us, whether businesses or individuals, take the time to read the agreement or the countless updates to those procedures. However, these agreements control our relationship with our chosen bank and set forth our rights and responsibilities in the event … Read more