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In any lawsuit alleging negligence, an important element of the claim is to show that the defendant did or should have reasonably foreseen the harm that resulted from their conduct. If the harm wasn’t foreseeable, then the defendant cannot be liable for damages. A question that arose in a recent New York case was who … Read more
Generally, someone who isn’t a party to a contract cannot sue to enforce the contract. However, there are exceptions. In a recent decision, the New York Appellate Division Second Department addressed this situation, finding that the plaintiff’s claim for breach of contract and unjust enrichment could move forward, despite the fact the plaintiff never became … Read more
A growing number of homeowners have created a new source of income by listing their property on Airbnb. However, some of these individuals have also faced pushback from their neighbors and communities. In a recent New York case, the issue ended up in litigation with the Court called upon to decide whether Airbnb rentals violated … Read more
It’s not unusual for contracts to have small mistakes. Often, the parties are stuck with the error but there are exceptions as seen in a recent case decided by the New York Appellate Division, First Department. The case involved a scrivener’s error (essentially, a typo or clerical error) in a Guaranty of a loan, which … Read more
New York City requires contractors performing services for homeowners or their tenants to have a home improvement license to be entitled to receive payment for their work. This provision was recently interpreted in a case brought by a contractor against an LLC that refused to pay for renovation work. At issue was whether LLCs have … Read more
The federal government recently passed a law requiring most companies to disclose their beneficial owners. The chief purpose of the statute is to prevent financial crimes. By mandating such disclosure, the Corporate Transparency Act (the “Act”) makes it difficult for individuals to conceal illegal activities using shell companies. New York State has also enacted its … Read more
In 2019, largely in response to the #MeToo movement, the New York Legislature amended the New York General Obligations Law to prohibit the use of a non-disclosure provision in any document resolving a claim in which sexual harassment was alleged. This prohibition did not apply, however, if the complainant chose to include the non-disclosure language … Read more
In a previous blog post, we discussed a court ruling on when a party can terminate a license to use property at will. The decision of the New York Appellate Division, Fourth Department in Skaneateles Country Club v. Cambs had created another exception to the general rule that license agreements can be terminated at will. … Read more
Generally, under New York law, a release signed by one party releasing the other party from liability bars the first party (the releasor) from suing the second party (the releasee). However, how this rule plays out in court can be complicated as demonstrated in a recent decision of the New York Appellate Division, Second Department. … Read more
Like any contract, leases must meet certain requirements to be legally valid. One of these requirements was addressed in a recent decision of the New York Supreme Court Appellate Division, First Department. The case involved a lease amendment that was signed by the tenant but the tenant never received a copy of the fully executed … Read more