Arnell Constr. Corp. v New York City Sch. Constr. Auth., 2019 NY Slip Op 07887, Decided on November 6, 2019, Appellate Division, Second Department: “Generally, contract clauses barring a contractor from recovering damages for delay in the performance of a contract are valid, and “they will prevent recovery of damages resulting from a broad range of reasonable and unreasonable conduct by the contractee if the conduct was contemplated by the parties when they entered into…

An example of where a court feels that documents speak louder than words. JPMorgan Chase Bank, N.A. v Skluth, 2019 NY Slip Op 07886, Decided on November 6, 2019, Appellate Division, Second Department: “In a residential foreclosure action, a plaintiff moving for summary judgment must tender “sufficient evidence demonstrating the absence of material issues as to its strict compliance with RPAPL 1304” (Aurora Loan Servs., LLC v Weisblum, 85 AD3d 95, 106). RPAPL…

From the Department of Defense: “Veterans Day is a well-known American holiday, but there are also a few misconceptions about it — like how it’s spelled or whom exactly it celebrates. To clear some of that up, here are the important facts you should know…..https://www.defense.gov/explore/story/article/1675470/5-facts-to-know-about-veterans-day/“…

ZINNO v. SCHLEHR, 2019 NY Slip Op 6232 – NY: Appellate Div., 4th Dept. 2019: Plaintiff, a former employee of defendant medical group, commenced this action seeking to recover, inter alia, “additional compensation” that he earned during his employment with defendant. Pursuant to the terms of his employment agreement, plaintiff was entitled to receive an annual salary plus certain “additional compensation” if he exceeded certain thresholds, which were calculated based on the actual gross receipts…

Recalling yesterday’s post about New York Labor Law Section 195 (6) requiring written notice of termination, etc., it also provided that “Failure to notify an employee of cancellation of accident or health insurance subjects an employer to an additional penalty pursuant to section two hundred seventeen of this chapter.” Let us look at that penalty. New York Labor Law Section 217 (7): “(a) Any policyholder who fails to comply with this section, shall forfeit to the…

A written notice is required. New York Labor Law Section 195 provides: “Every employer shall: 6. notify any employee terminated from employment, in writing, of the exact date of such termination as well as the exact date of cancellation of employee benefits connected with such termination. In no case shall notice of such termination be provided more than five working days after the date of such termination. Failure to notify an employee of cancellation of…

NYS Election Law 3-110   1. A registered voter may, without loss of pay for up to three hours, take off so much working time as will enable him or her to vote at any election.   2. The employee shall be allowed time off for voting only at the beginning or end of his or her working shift, as the employer may designate, unless otherwise mutually agreed.   3. If the employee requires working time off…