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
Over the course of the last few weeks, New York’s vaccine mandates have been the subject of much debate, not only in the sociopolitical arena but also inside of various courtrooms throughout the State. Currently, New York State is seeking
Continue Reading The Evolving Myth of the Religious Exemption to a COVID-19 Vaccine Mandate
In the ancient times (i.e. before email), there was little doubt about how a person evidenced their intent to be bound by a written agreement – he or she manually signed the document. This resulted in what is known as
Continue Reading Seeing Through the Mists of Email Signatures
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
As you may know, the use of facial recognition technology has been growing rapidly in a wide variety of public life, such as in retail locations and entertainment venues. Accompanying the growth in the use of this technology is a
Continue Reading Biometric Data Restrictions: New York City Today, New York State Tomorrow?
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
