News & Insights

  • Pre-Judgment Attachment: When Can You Get a Defendant’s Property Before Litigation?

    Winning a lawsuit is not enough if you cannot collect the money you were awarded because the defendant got rid of their assets before being found liable. As a result, it is important to consider the risks of this happening as part of your pre-litigation strategy. Where the danger is high, you may be able … Read more

  • When Does a Fiduciary’s Obligation End For Purposes of the Statue of Limitations?

    A fiduciary is a person who acts on behalf of another and is legally required to act in that person’s best interest. The administrator of a trust or estate is a fiduciary and owes an obligation to the beneficiaries of the trust or estate as well as the estate’s creditors. Where a fiduciary has engaged … Read more

  • How Are Damages Allocated Among Survivors in a Wrongful Death Lawsuit?

    Where negligence or other misconduct causes a death, survivors of the deceased may have a claim for wrongful death against the responsible parties. Wrongful death lawsuits can result in significant monetary awards. For instance, several wrongful death verdicts in excess of $2 million were entered in New York during 2020. However, it is important to … Read more

  • 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

How Are Damages Allocated Among Survivors in a Wrongful Death Lawsuit?

Where negligence or other misconduct causes a death, survivors of the deceased may have a claim for wrongful death against the responsible parties. Wrongful death lawsuits can result in significant monetary awards. For instance, several wrongful death verdicts in excess of $2 million were entered in New York during 2020. However, it is important to … 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