Don’t Delay in Objecting to Service of Process in New York or Lose Your Right
If you plan to object to services of process in New York, you need to make sure you do it in a timely and proper manner. This blog post will teach you how
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Don’t Delay in Objecting to Service of Process in New York or Lose Your Right
If you plan to object to services of process in New York, you need to make sure you do it in a timely and proper manner. This blog post will teach you how
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ADA Liability for Discrimination Based on a Family Member’s Disability
Most people know that employers cannot discriminate against employees on the basis of certain characteristics such as age, race, gender, and disability. Such discrimination is typically barred by federal, state and local statutes. However, a recent federal court decision by the Second Circuit Court of Appeals brings attention to a lesser-known area of possible discrimination … Read more
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LET THE BUYER BEWARE: TITLE INSURANCE MAY NOT FULLY PROTECT YOUR REAL ESTATE PURCHASES
Real estate purchasers in New York almost always buy title insurance at the time of the transaction. However, a case decided by the New York Appellate Division, First Department on September 3, 2019 confirmed that even when title insurance is obtained, issues regarding title can still arise. In Akasa Holdings LLC v. 214 Lafayette House, … Read more
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Account Holders Must Act Quickly (and Properly) to Dispute Bank Activity
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
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Suing an Unlicensed Home Improvement Contractor Is Not as Easy as You Think
New York City (and various other counties throughout the State) now impose a requirement that all contractors doing home improvements must have licenses issued by the municipality where the work is to be performed. Indeed, in 2006, the NYC Administrative Code added Title 20, Chapter 2, Subchapter 22 which addresses home improvements and sets out … Read more
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Preserving an Inheritance as Separate Property in the Event of Divorce
When a couple prepares to marry, one question which may arise is whether they should enter into a prenuptial (or antenuptial) agreement, which among other things sets forth what happens to their assets in the event of a divorce. There are many situations in which this may be appropriate, including when there is a significant … Read more
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Does a Lease’s “No Pet” Provision Apply to Emotional Support Animals?
All landlords should know they cannot discriminate against those who are disabled. The New York Human Rights Law prohibits discrimination throughout the State on the basis of disability, including in housing situations. However, many landlords may not be aware of how broadly the law applies especially in light of a recent court decision protecting disabled … Read more
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U.S. Supreme Court Limits State’s Right to Tax Trust Income
If you are considering creating a trust, there are many considerations including analyzing the tax consequences. Taxation can get complicated if the trust, trustee, and beneficiaries are in different states with varying laws. Not surprisingly, many states are eager to tax trust income. The U.S. Supreme Court recently addressed this issue in North Carolina, but … Read more
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2-Step Approach to Avoiding Wage Claims: Internal Audits & Insurance Coverage
By Jill Weinberg, Esq. Employee wage and hour claims, usually for unpaid overtime, can be financially draining to companies big and small. Unfortunately, they have been on the rise. A good example is MetLife who was recently sued in federal court, in the Southern District of New York for $50 million dollars in unpaid overtime … Read more
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NEW YORK STATE MAKES IT EASIER FOR EMPLOYEES TO SUE FOR SEXUAL HARASSMENT
The New York Legislature recently passed an anti-sexual harassment law which is likely to make it easier for workers to win their lawsuits. The Bill, which was championed by Governor Andrew Cuomo and is now awaiting his signature, does away with the requirement that the alleged misconduct be “severe or pervasive” in order to constitute … Read more
ADA Liability for Discrimination Based on a Family Member’s Disability
Most people know that employers cannot discriminate against employees on the basis of certain characteristics such as age, race, gender, and disability. Such discrimination is typically barred by federal, state and local statutes. However, a recent federal court decision by the Second Circuit Court of Appeals brings attention to a lesser-known area of possible discrimination … Read more
LET THE BUYER BEWARE: TITLE INSURANCE MAY NOT FULLY PROTECT YOUR REAL ESTATE PURCHASES
Real estate purchasers in New York almost always buy title insurance at the time of the transaction. However, a case decided by the New York Appellate Division, First Department on September 3, 2019 confirmed that even when title insurance is obtained, issues regarding title can still arise. In Akasa Holdings LLC v. 214 Lafayette House, … Read more
Account Holders Must Act Quickly (and Properly) to Dispute Bank Activity
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
Suing an Unlicensed Home Improvement Contractor Is Not as Easy as You Think
New York City (and various other counties throughout the State) now impose a requirement that all contractors doing home improvements must have licenses issued by the municipality where the work is to be performed. Indeed, in 2006, the NYC Administrative Code added Title 20, Chapter 2, Subchapter 22 which addresses home improvements and sets out … Read more
Preserving an Inheritance as Separate Property in the Event of Divorce
When a couple prepares to marry, one question which may arise is whether they should enter into a prenuptial (or antenuptial) agreement, which among other things sets forth what happens to their assets in the event of a divorce. There are many situations in which this may be appropriate, including when there is a significant … Read more
Does a Lease’s “No Pet” Provision Apply to Emotional Support Animals?
All landlords should know they cannot discriminate against those who are disabled. The New York Human Rights Law prohibits discrimination throughout the State on the basis of disability, including in housing situations. However, many landlords may not be aware of how broadly the law applies especially in light of a recent court decision protecting disabled … Read more
U.S. Supreme Court Limits State’s Right to Tax Trust Income
If you are considering creating a trust, there are many considerations including analyzing the tax consequences. Taxation can get complicated if the trust, trustee, and beneficiaries are in different states with varying laws. Not surprisingly, many states are eager to tax trust income. The U.S. Supreme Court recently addressed this issue in North Carolina, but … Read more
2-Step Approach to Avoiding Wage Claims: Internal Audits & Insurance Coverage
By Jill Weinberg, Esq. Employee wage and hour claims, usually for unpaid overtime, can be financially draining to companies big and small. Unfortunately, they have been on the rise. A good example is MetLife who was recently sued in federal court, in the Southern District of New York for $50 million dollars in unpaid overtime … Read more
NEW YORK STATE MAKES IT EASIER FOR EMPLOYEES TO SUE FOR SEXUAL HARASSMENT
The New York Legislature recently passed an anti-sexual harassment law which is likely to make it easier for workers to win their lawsuits. The Bill, which was championed by Governor Andrew Cuomo and is now awaiting his signature, does away with the requirement that the alleged misconduct be “severe or pervasive” in order to constitute … Read more