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Seeking Review Under CPLR 5704: A Powerful Tool in the Arsenal of Legal Remedies
Navigating the legal landscape often requires a deep understanding of procedural rules, especially when faced with the challenges of obtaining timely relief. CPLR 5704(a) emerges as a valuable provision in the New York Civil Practice Law and Rules, offering a remedy where the trial court refuses to issue a temporary restraining order (TRO) for your …
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BLOG / 12.11.23 /Ryan P. Kaupelis
Providing for the Recovery of Legal “Fees on Fees”
The ability of a party to recover the legal fees and expenses that they incur in connection with a lawsuit can often dramatically change settlement negotiations, the legal strategies a party takes prosecuting a lawsuit, the amount of resources that a party is willing to invest in a lawsuit, and – ultimately – the outcome …
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BLOG / 10.04.23 /Jennifer L. Stewart
A Primer on the Attorney General’s Power to Enjoin Persistent Fraud
Judge Arthur Engoron’s September 26, 2023, decision in the Letitia James v. Donald J. Trump case is certainly worth a read, and not just for its references to the classic comedies “Groundhog Day” and “Duck Soup.” It provides a useful primer on the powers of the Office of the Attorney General of New York State …
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BLOG / 09.28.23 /Kenneth R. Jacobs
Habitat Magazine: “Shareholders Must Replace Leaky Jacuzzi with Standard Tub”
What Happened: Ram Avrahami and Andrea Gural purchased a cooperative apartment containing a jacuzzi and used it for several years with no complaints. In 2017, though, the building superintendent (who lived below them) noticed that the tub was sinking; a little later, she also notified them that their toilet was leaking into her apartment. The …
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Tort and contract claims against Coop Board Member survive pre-answer dismissal motion
Members of a cooperative’s board of directors enjoy the protections of both the corporate shield and the business judgment rule, such that they may not be held personally liable for property damage or personal injury when a claim is made in connection with actions taken by directors in their official capacity as board members. But …
Contractors may have at least one way to sue members of limited liability companies personally for renovation work provided to the LLC
Members of New York State limited liability companies often form their entities with two thoughts in mind: an LLC provides favorable tax structuring and protection from personal liability. To the joy of contractors and chagrin of LLC members, that protection may not shield LLC members from claims of unjust enrichment, as a recent case in …
Defining “Substantial Completion” for Lien Law and Contract Purposes
Jacob Amir contributed an article in Cornerstone, the semi-annual publication of the Associated General Contractors, New York State, a leading trade association representing contractors and related companies in the building and highway construction industry. Jacob’s article addresses the importance of defining “substantial completion” for purposes of Lien Law and general contract claims brought on behalf of contractors.
Expiration of tenant’s license issued under the New York Conservation Law permits owner to remove tenant for engaging in “illegal activity” under the Real Property Law
Lease agreements typically contain a provision whereby the agreement is deemed breached and the tenant may be evicted for engaging in “illegal activities.” Eviction based upon an illegal activity is also codified in New York Real Property Law § 231(1), which sets forth that a lease agreement becomes void where an occupant or lessee uses a premises for any “illegal trade, manufacture or other business”, thereupon permitting the owner to seek an eviction.
BLOG / 05.30.18 /Jack Malley
Employment Law Update
All employers should be concerned about the recently passed New York State Sexual Harassment Law. The law requires all employers to comply with the following new requirements by October 9, 2018…
Tenant deemed successful party in landlord’s “action to recover possession” seeking to reform lease to exclude tenant’s use of backyard of demised premises
Standard lease agreements include a provision that the successful party is entitled to recover attorneys’ fees and costs incurred on any action or proceeding brought for non-payment of rent or recovery of possession of the subject premises. Where the contract limits the attorneys’ fees provision for the benefit of the landlord (e.g., that landlord is entitled to recover), the law gives the tenant a reciprocal right to recovery of attorneys’ fees and costs if the tenant is successful in the action.
Court Rules that Non-Participating Brokers Do Not Owe a Fiduciary Duty to a Brokerage Firm’s Client
It is well-established that real estate brokers owe a fiduciary duty of loyalty and to act in the best interest of their clients. Where the brokerage firm is comprised of several brokers, the client may naturally assume that both the listing broker, and the firm at large, will work in the best interest of the client’s needs and desires. A recent decision from the Westchester County Supreme Court warns clients against making this assumption.
BLOG / 04.09.18 /Jack Malley
Jury Awards Age Discrimination Claimant $200,000 For Retaliation
The verdict last month in Konsavage v. Mondalez Global, LLC, Case No. 3:15-cv-01155 (M.D. Pa.) provides another example of the difficulty in predicting the outcome of a retaliation claim – even where the underlying discrimination claims appear to be weak.
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