In a previous blog post, we discussed a court ruling on when a party can terminate a license to use property at will. The decision of the New York Appellate Division, Fourth Department in Skaneateles Country Club v. Cambs had created another exception to the general rule that license agreements can be terminated at will. … Read more
Generally, under New York law, a release signed by one party releasing the other party from liability bars the first party (the releasor) from suing the second party (the releasee). However, how this rule plays out in court can be complicated as demonstrated in a recent decision of the New York Appellate Division, Second Department. … Read more
When someone is injured by an employee of a business, it isn’t unusual for the individual to often try to hold the employer responsible for the employee’s conduct to bring a party with a “deep pocket” (and potentially their insurance carrier) into the litigation. Depending on the facts of the case, an employer may be … Read more
The failure of several banks in the last year caused many to question whether their money was protected if their bank went under. FDIC insurance is available up to a certain limit and not just for individual accounts. Almost all funded trusts have bank accounts that are insured by the FDIC. However, the amount of … Read more
Like any contract, leases must meet certain requirements to be legally valid. One of these requirements was addressed in a recent decision of the New York Supreme Court Appellate Division, First Department. The case involved a lease amendment that was signed by the tenant but the tenant never received a copy of the fully executed … Read more
Non-competition agreements are fairly common in certain types of jobs and industries. Because they restrict an employee’s future employment prospects, typically, these contracts are limited in that they only apply for a specific length of time and/or a reasonable distance from the previous employer’s business location. However, in recent years, some states are going so … Read more
In litigation, a judgment is only as good as a plaintiff’s ability to collect it. When a defendant has insurance, this is usually a less difficult process that does not require freezing bank accounts, garnishing wages, or attaching assets. The plaintiff gets a judgment, the defendant’s insurer pays the judgment. But what about when a … Read more
“Caveat emptor” (i.e. let the buyer beware) is a long-standing doctrine in New York which states that a seller is not liable for failing to disclose information regarding the item being sold unless the seller actively conceals the information from the buyer. As demonstrated in a case recently decided by the New York Appellate Division, … Read more
If you have multiple children, it is not uncommon to consider appointing more than one to act as co-executors of your will. As co-executors, they would manage estate affairs together. In some cases, this is a great decision while in others, it can lead to unintended consequences. If you want to name co-executors, it is … Read more
When employees cause harm to third parties, those parties often seek to hold the employer responsible. Employees often rely upon the names and reputations of their employers to open doors to client relationships and to create an assumption of skill and trust. If an employee abuses that access, the employer may be held liable to … Read more
In a previous blog post, we discussed a court ruling on when a party can terminate a license to use property at will. The decision of the New York Appellate Division, Fourth Department in Skaneateles Country Club v. Cambs had created another exception to the general rule that license agreements can be terminated at will. … Read more
Generally, under New York law, a release signed by one party releasing the other party from liability bars the first party (the releasor) from suing the second party (the releasee). However, how this rule plays out in court can be complicated as demonstrated in a recent decision of the New York Appellate Division, Second Department. … Read more
When someone is injured by an employee of a business, it isn’t unusual for the individual to often try to hold the employer responsible for the employee’s conduct to bring a party with a “deep pocket” (and potentially their insurance carrier) into the litigation. Depending on the facts of the case, an employer may be … Read more
The failure of several banks in the last year caused many to question whether their money was protected if their bank went under. FDIC insurance is available up to a certain limit and not just for individual accounts. Almost all funded trusts have bank accounts that are insured by the FDIC. However, the amount of … Read more
Like any contract, leases must meet certain requirements to be legally valid. One of these requirements was addressed in a recent decision of the New York Supreme Court Appellate Division, First Department. The case involved a lease amendment that was signed by the tenant but the tenant never received a copy of the fully executed … Read more
Non-competition agreements are fairly common in certain types of jobs and industries. Because they restrict an employee’s future employment prospects, typically, these contracts are limited in that they only apply for a specific length of time and/or a reasonable distance from the previous employer’s business location. However, in recent years, some states are going so … Read more
In litigation, a judgment is only as good as a plaintiff’s ability to collect it. When a defendant has insurance, this is usually a less difficult process that does not require freezing bank accounts, garnishing wages, or attaching assets. The plaintiff gets a judgment, the defendant’s insurer pays the judgment. But what about when a … Read more
“Caveat emptor” (i.e. let the buyer beware) is a long-standing doctrine in New York which states that a seller is not liable for failing to disclose information regarding the item being sold unless the seller actively conceals the information from the buyer. As demonstrated in a case recently decided by the New York Appellate Division, … Read more
If you have multiple children, it is not uncommon to consider appointing more than one to act as co-executors of your will. As co-executors, they would manage estate affairs together. In some cases, this is a great decision while in others, it can lead to unintended consequences. If you want to name co-executors, it is … Read more
When employees cause harm to third parties, those parties often seek to hold the employer responsible. Employees often rely upon the names and reputations of their employers to open doors to client relationships and to create an assumption of skill and trust. If an employee abuses that access, the employer may be held liable to … Read more