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
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 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
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 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
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
In New York, COVID-19 has resulted in a number of temporary changes in the law. Since Governor Cuomo declared a state of emergency and enacted the New York PAUSE Act, he has issued a long list of executive orders which in part, have modified and stayed various legal provisions. Some of the executive orders have … Read more
Freedom of information laws gives the public the right to request access to government records. The New York State Freedom of Information Law (FOIL) is based on the federal Freedom of Information Act (FOIA). The goal of both laws is to allow for more transparency in government by requiring disclosure of requested documentation and records … Read more
Before a party can sue in court for anything, he or she must have the standing to bring the lawsuit. To establish standing, a party must demonstrate a sufficient personal connection to and harm from the law or action challenged to support that party’s participation in the case. Essentially, courts want to know that a … Read more
When multiple parties may be responsible for an injury to a plaintiff, a common issue is apportioning liability among the parties. Typically, the evidence is presented to establish each party’s relative percentage of responsibility for causing the injury. However, this can be complicated when one of the responsible parties is judgment proof. A party may … Read more
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
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 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
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 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
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
In New York, COVID-19 has resulted in a number of temporary changes in the law. Since Governor Cuomo declared a state of emergency and enacted the New York PAUSE Act, he has issued a long list of executive orders which in part, have modified and stayed various legal provisions. Some of the executive orders have … Read more
Freedom of information laws gives the public the right to request access to government records. The New York State Freedom of Information Law (FOIL) is based on the federal Freedom of Information Act (FOIA). The goal of both laws is to allow for more transparency in government by requiring disclosure of requested documentation and records … Read more
Before a party can sue in court for anything, he or she must have the standing to bring the lawsuit. To establish standing, a party must demonstrate a sufficient personal connection to and harm from the law or action challenged to support that party’s participation in the case. Essentially, courts want to know that a … Read more
When multiple parties may be responsible for an injury to a plaintiff, a common issue is apportioning liability among the parties. Typically, the evidence is presented to establish each party’s relative percentage of responsibility for causing the injury. However, this can be complicated when one of the responsible parties is judgment proof. A party may … Read more