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As of the end of July, there have been nearly 800 COVID-related lawsuits filed in New York. In New York, courts will not hesitate to enforce a release relieving a business from negligence claims. Releases are seen most often in voluntary activities, like sports and other entertainment. So long as the language of a release clearly absolves a business from its own acts of negligence, a plaintiff who is injured during one of these activities…
As of the end of July, there have been nearly 800 COVID-related lawsuits filed in New York.[1] While most do not involve personal injury, it may only be a matter of time before they do. This is especially true as businesses begin to re-open and allow customers back onto their premises – notwithstanding COVID’s persistence. Now is a good time, then, to review the law on releases, which may provide some peace of mind…
We wish it were so easy. Last month, in a New York County Supreme Court case, the judge held that they don’t. Jerrick Assoc. v. Rudd Realty (NY County Supreme Court April 15, 2020). This is correct, but only if the contract says they don’t. Otherwise, they should end any dispute about whether money is owed to a contractor. The certifications, after all, often mean “based on on-site observation and data comprising the pay application…
We wish it were so easy. Last month, in a New York County Supreme Court case, the judge held that they don’t. Jerrick Assoc. v. Rudd Realty (NY County Supreme Court April 15, 2020). This is correct, but only if the contract says they don’t. Otherwise, they should end any dispute about whether money is owed to a contractor. The certifications, after all, often mean “based on on-site observation and data comprising the pay application…
Last month, the State Supreme Court sitting in New York County issued a decision reminding contractors not to include items other than labor and material in mechanic’s liens. GPK 31-19 LLC v L&L Constr. Dev. Inc., 2020 N.Y. Misc. LEXIS 1620 (NY County April 23, 2020). In the decision, which dealt with a developer suing its general contractor for trust fund diversion, much was discussed, but central to this post was the discussion on exaggerated…
Last month, the State Supreme Court sitting in New York County issued a decision reminding contractors not to include items other than labor and material in mechanic’s liens. GPK 31-19 LLC v L&L Constr. Dev. Inc., 2020 N.Y. Misc. LEXIS 1620 (NY County April 23, 2020). In the decision, which dealt with a developer suing its general contractor for trust fund diversion, much was discussed, but central to this post was the discussion on exaggerated…
· Hire a lawyer and file the bond in Court, but only if you used an out of state insurer. NY Lien law section 19(4) was amended in 2003 to allow the transfer of a mechanic’s lien to a bond without a court order. “Under the prior statute, the discharge of a mechanic’s lien by bond was a judicial function which required at least two court orders—the first setting the amount of the bond and…
· Hire a lawyer and file the bond in Court, but only if you used an out of state insurer. NY Lien law section 19(4) was amended in 2003 to allow the transfer of a mechanic’s lien to a bond without a court order. “Under the prior statute, the discharge of a mechanic’s lien by bond was a judicial function which required at least two court orders—the first setting the amount of the bond and…
· Attack service of the lien. Pursuant to Lien Law §11, for a mechanic’s lien on property to be valid, it must be served properly. There are only three ways to serve such a lien: 1. by personally serving the property owner; or 2. by leaving it with a person of suitable age and discretion at the owner’s last known place of residence, so long as such residence is in the same city or town…
· Attack service of the lien. Pursuant to Lien Law §11, for a mechanic’s lien on property to be valid, it must be served properly. There are only three ways to serve such a lien: 1. by personally serving the property owner; or 2. by leaving it with a person of suitable age and discretion at the owner’s last known place of residence, so long as such residence is in the same city or town…