News & Insights

  • Beware of Inconsistencies When You Have Multiple Contracts

    Complex business transactions often require multiple agreements to address different parts of the transaction. As an example, the package of documents for the sale of a small business could include a contract of sale; agreements containing confidentiality provisions and restrictive covenants; an agreement for post-closing transition services to be provided by the seller; and/or an … Read more

  • REAL PROPERTY

    WHAT MAKES AN ENFORCEABLE CONTRACT FOR THE SALE OF REAL PROPERTY?

    Most people think that for a sale of real property to be valid and enforceable, there needs to be a formal contract of sale. While this is generally true, the courts in New York have long held that so long as any written instrument includes sufficient material terms, the agreement will be enforceable. What constitutes … Read more

  • Contract

    Can a Non-Party to a Contract Sue to Enforce the Contract?

    Generally, someone who isn’t a party to a contract cannot sue to enforce the contract. However, there are exceptions. In a recent decision, the New York Appellate Division Second Department addressed this situation, finding that the plaintiff’s claim for breach of contract and unjust enrichment could move forward, despite the fact the plaintiff never became … Read more

  • Financial Statements

    All Financial Statements Are Not Created Equal

    Many transactions require parties to provide financial statements for review. This can include businesses seeking loans or investors, cooperative or condominium sponsors, companies who owe performance royalties and other parties. However, all financial statements are not created equal. One primary difference is the level of review and verification of the underlying financial data undertaken by … Read more

  • SALES TAX

    HOW TO GET A REDUCED SALES TAX RATE AS A RESIDENTIAL LANDLORD

    On August 5, 2024, the New York Department of Taxation and Finance’s Office of Counsel published Advisory Opinion: TSB-A-24(26)S. addressing an important sales tax issue for residential landlords. The opinion was issued in response to a petition by a landlord asking the Department whether purchases of electricity and natural gas used by his residential tenants … Read more

  • Will

    PROBATING A WILL WITHOUT AN ATTESTING WITNESS AFFIDAVIT

    Generally, attorneys have the witnesses to a will’s execution sign an affidavit attesting to witnessing the execution. While this isn’t a requirement, in New York and many other jurisdictions, this affidavit can be submitted in lieu of the court hearing the witness’s testimony. This accommodation saves the estate time and money by not requiring hearings … Read more

  • PATIENT RECORDS

    LEGAL RESPONSIBILITIES FOR PATIENT RECORDS AFTER A DOCTOR PASSES AWAY

    Health care providers such as doctors have certain legal obligations to maintain patient records. What some of them may not realize is that this obligation continues after their death. Ideally, doctors should have a succession plan that includes provisions for what happens to patient files after they die. In the absence of that, it becomes … Read more

  • RESTRICTIVE COVENANT

    COURT FINDS THAT RESTRICTIVE COVENANT PROHIBITS AIRBNBS

    A growing number of homeowners have created a new source of income by listing their property on Airbnb. However, some of these individuals have also faced pushback from their neighbors and communities. In a recent New York case, the issue ended up in litigation with the Court called upon to decide whether Airbnb rentals violated … Read more

  • NON-MARITAL CHILDREN

    CAN NON-MARITAL CHILDREN INHERIT IF THEIR PARENT DIED WITHOUT A WILL?

    It is natural to be concerned for those you leave behind, especially your children. That fundamental concern is built into our legal principles in estate law in New York. Leaving a will is the most basic and important legal action you can take to ensure your loved ones will be provided for after your passing. … Read more

  • Discrimination

    Do New York City and New York State Discrimination Laws Apply Outside of New York?

    New York City and New York State have an extensive framework of laws protecting employees from discrimination. Both define the categories that can be the basis of a claim of discrimination more broadly than many federal statutes. They cover not only race, gender, gender identity, religion, age and disability; they include even weight and hair … Read more

Beware of Inconsistencies When You Have Multiple Contracts

Complex business transactions often require multiple agreements to address different parts of the transaction. As an example, the package of documents for the sale of a small business could include a contract of sale; agreements containing confidentiality provisions and restrictive covenants; an agreement for post-closing transition services to be provided by the seller; and/or an … Read more

Can a Non-Party to a Contract Sue to Enforce the Contract?

Contract

Generally, someone who isn’t a party to a contract cannot sue to enforce the contract. However, there are exceptions. In a recent decision, the New York Appellate Division Second Department addressed this situation, finding that the plaintiff’s claim for breach of contract and unjust enrichment could move forward, despite the fact the plaintiff never became … Read more

All Financial Statements Are Not Created Equal

Financial Statements

Many transactions require parties to provide financial statements for review. This can include businesses seeking loans or investors, cooperative or condominium sponsors, companies who owe performance royalties and other parties. However, all financial statements are not created equal. One primary difference is the level of review and verification of the underlying financial data undertaken by … Read more

HOW TO GET A REDUCED SALES TAX RATE AS A RESIDENTIAL LANDLORD

SALES TAX

On August 5, 2024, the New York Department of Taxation and Finance’s Office of Counsel published Advisory Opinion: TSB-A-24(26)S. addressing an important sales tax issue for residential landlords. The opinion was issued in response to a petition by a landlord asking the Department whether purchases of electricity and natural gas used by his residential tenants … Read more

PROBATING A WILL WITHOUT AN ATTESTING WITNESS AFFIDAVIT

Will

Generally, attorneys have the witnesses to a will’s execution sign an affidavit attesting to witnessing the execution. While this isn’t a requirement, in New York and many other jurisdictions, this affidavit can be submitted in lieu of the court hearing the witness’s testimony. This accommodation saves the estate time and money by not requiring hearings … Read more

COURT FINDS THAT RESTRICTIVE COVENANT PROHIBITS AIRBNBS

RESTRICTIVE COVENANT

A growing number of homeowners have created a new source of income by listing their property on Airbnb. However, some of these individuals have also faced pushback from their neighbors and communities. In a recent New York case, the issue ended up in litigation with the Court called upon to decide whether Airbnb rentals violated … Read more