News & Insights

  • certificate of insurance

    Does a Certificate of Insurance Guarantee That You Are Covered by Insurance?

    A certificate of insurance summarizes the terms of coverage under an insurance policy. Typically, it is issued by the insurance company or a broker. While it is generally used to confirm insurance coverage to a third party, a certificate of insurance does not guarantee coverage by itself. The terms of the insurance contract govern the … Read more

  • How Does a Bank Foreclose on Property If the Owner Died?

    If a property owner dies with an outstanding mortgage that is in default, the lender will likely seek to foreclose on the property. However, it must take certain steps that vary depending on the type of mortgage, what relief is sought and whether the deceased had a will disposing of the property. The lender must … Read more

  • Court Affirms New York’s Right to Eliminate Vaccine Religious Exemption

    New York State Public Health Law § 2164 requires that children from the ages of two months to 18 years, must be immunized from certain diseases, including measles, if they wish to attend school or a child-care facility. The law permitted two exemptions, one for medical reasons and the other, a religious exemption which only required … 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

  • 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 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