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Tenants negotiating a commercial lease often face “landlord-friendly” contract clauses. A recent decision (issued on May 7, 2019) addressed one such provision which stated that the Tenant waived its right to bring a declaratory judgment action with respect to the lease or any notice sent pursuant thereto. The Tenant filed a declaratory judgment action and … Read more
Litigation can be a slow process and may continue for years before its resolution. What happens if a party to litigation passes away while it is ongoing? If you are involved in a lawsuit and the other party dies or if you are the estate representative of the person who passed away, there are several … Read more
During marriage, typically couples will name each other as beneficiaries of their retirement accounts, pensions, life insurance policies and similar assets. However, if a couple separates or divorces, they usually want to change their beneficiary designations to another person. As discussed in a previous post, it is important to talk with an estate planning attorney … Read more
Laws giving foreign organizations immunity from lawsuits date back to at least 1945 with the “International Organization Immunities Act.” This Act granted international organizations the same immunity from being sued as enjoyed by foreign governments. However, since then, the scope of foreign government immunity has been curtailed raising the question of whether foreign organizations should … Read more
In many academic settings, students have the opportunity to work in a controlled and supervised environment in order to learn necessary skills, particularly in fields which require licensing by the state. These student trainees generally are not paid. A recent federal appellate court case addressed the question of whether they are employees and therefore, entitled … Read more
Before you buy any interest in a business, it is crucial to confirm what you are buying and take all of the formal steps necessary to complete the transaction. In the case of purchasing an LLC interest, the most important document to be reviewed is the LLC Operating Agreement. An LLC Operating Agreement (or Shareholder’s Agreement … Read more
As the calendar turns to Spring, the Yankees evil empire will try to best its own record of World Series wins. Whether they win or not, the heirs of their deceased owner, George Steinbrenner may have won a substantial victory in the form of significant estate tax savings thanks to a recent court case. Steinbrenner … Read more
It’s common for parties who have existing or regular dealings with each other to buy and sell services or goods without a contract. Instead, the parties will simply invoice each other for payment. New York law recognizes that the parties may have an implied agreement based on such invoices and they can sue for payment even though … Read more
One of the toughest decisions many people face as they age is how long they can safely live on their own. Many aging adults resist admitting that they need help and can no longer live alone. When the decision is finally made by (or in some cases, for) the senior, there are many logistics which … Read more
In commercial real estate, tenants often make improvements to the property necessitating the hiring of contractors. If the tenant hires the contractor and then doesn’t pay for that work, the contractor may seek to file a mechanic’s lien against the property. New York’s Lien Law as well as a recent Court of Appeals decision clarifies … Read more