Employers are responsible for protecting employees from sexual harassment and discrimination in the workplace under federal, New York State and New York City laws. While the business itself may be liable for the unlawful actions of its employees, generally, individuals associated with the business’s ownership or management are not personally liable under the law. This … Read more
Most people would not want a former spouse to inherit their money or have the authority to act as a fiduciary, executor, trustee, guardian, or power of attorney for them. However, if they do not review their estate planning documents after divorce, it can have unintended consequences. As discussed in a previous post, New York … Read more
Generally, defamation law prohibits someone from making a false statement of fact about a person that harms his or her reputation. Usually, a plaintiff has to prove special damages (the loss of something having economic or pecuniary value) in order to prevail. However, in a claim for defamation per se, the false statements are deemed … Read more
An insurance application typically requires applicants to answer several questions which allow the insurance company to assess whether it will provide insurance and, if so, how much it will charge. Applicants must be careful about how they respond because if they lie or make a “material misrepresentation” they risk losing coverage. It is well-settled law … Read more
A Power of Attorney form authorizes someone to act as “an agent” (known as an “attorney-in-fact”) of the individual granting the power (the “principal”). An act taken by an agent has the same legal effect as if the principal were the one acting. New York law sets forth certain requirements that must be met for … Read more
New York City (and various other counties throughout the State) now impose a requirement that all contractors doing home improvements must have licenses issued by the municipality where the work is to be performed. Indeed, in 2006, the NYC Administrative Code added Title 20, Chapter 2, Subchapter 22 which addresses home improvements and sets out … Read more
When a couple prepares to marry, one question which may arise is whether they should enter into a prenuptial (or antenuptial) agreement, which among other things sets forth what happens to their assets in the event of a divorce. There are many situations in which this may be appropriate, including when there is a significant … Read more
All landlords should know they cannot discriminate against those who are disabled. The New York Human Rights Law prohibits discrimination throughout the State on the basis of disability, including in housing situations. However, many landlords may not be aware of how broadly the law applies especially in light of a recent court decision protecting disabled … Read more