New York Business Law and Commercial Litigation Blog

The past year has seen a great deal of news pertaining to eviction moratoriums. Federal level, state level, residential, commercial, expired, extended – frankly it has been difficult to keep straight what law is in place at any given time.
Continue Reading New York Landlords Can Challenge Hardship Claims Under Latest Version of State’s Eviction Moratorium

Email is great, isn’t it? You can save paper and tons of time. But did you know that a simple click of the “send” button may bind you to a settlement?  Litigants and their counsel learned the hard way this
Continue Reading Case Alert: The First Department Clarifies That Transmission of an Email Determines Subscription for Purposes of CPLR 2104

As we settle into the new “normal”, the body of case law concerning commercial rent defaults during the COVID-19 pandemic continues to grow. This blog discusses just some of those cases as they relate to commercial tenants’ reliance on impossibility
Continue Reading Can’t Pay Rent Under Your Commercial Lease Because Of COVID-19? New York Courts Don’t Care—Sort Of 

The New York Legislature has made some recent changes to the law governing mechanics’ liens.[1] Specifically, under Section 9(7), Article 2 of the NY Lien Law, a Notice Under Mechanic’s Lien Law now requires a statement as to “whether
Continue Reading Is it Someone’s Home? Recent Changes to NY’s Notice under Mechanic’s Lien Law

It goes without saying that many businesses have been devastated by the impact of the shelter-in-place orders imposed after the COVID-19 pandemic began. Yet every judge presiding over a business interruption coverage case must decide the matter based upon guiding
Continue Reading The Southern District of New York, Like the Majority of Courts Considering the Issue, Finds No Business Interruption Coverage for COVID-19 Pandemic Losses

In my previous blog article, Late and Out of Luck, I recently explained that New York law imposes strict requirements on insurance companies to “timely disclaim” coverage under a liability policy issued or delivered in the state [1] and
Continue Reading Insurers, Be Clear: Wishy-Washy Reservation of Rights Letters Fail Legal Scrutiny Under New York Law

An Insurer’s Failure to Investigate an Accident and Decline Coverage Based Upon a Policy Exclusion Renders the Subsequent Disclaimer of a Claim Untimely as a Matter of Law

The New York legislature and courts impose strict requirements on insurance companies
Continue Reading Late and Out of Luck: An Insurer’s Failure to Investigate an Accident and Decline Coverage Based Upon a Policy Exclusion Renders the Subsequent Disclaimer of a Claim Untimely as a Matter of Law