“Caveat emptor” (i.e. let the buyer beware) is a long-standing doctrine in New York which states that a seller is not liable for failing to disclose information regarding the item being sold unless the seller actively conceals the information from the buyer. As demonstrated in a case recently decided by the New York Appellate Division, … Read more
When employees cause harm to third parties, those parties often seek to hold the employer responsible. Employees often rely upon the names and reputations of their employers to open doors to client relationships and to create an assumption of skill and trust. If an employee abuses that access, the employer may be held liable to … Read more
In certain types of collection actions, New York has an expedited process known as a Motion for Summary Judgment in Lieu of Complaint (CPLR § 3213). The provision allows a party to commence an action without the filing of a complaint and immediately move for summary judgment but only if the “action is based upon … Read more
A recent New York case brought by a co-op shareholder against a co-op board and its members has important lessons for those considering similar lawsuits or concerned about defending their actions. While the case is still in its early stages, the decision discusses the duties of board members and when they may be liable for … Read more
Generally, under New York law, real estate transactions must be in writing and signed by the parties to be enforceable. General Obligations Law § 5-703(3) states that a contract to transfer real property is void unless the contract or some note, or memorandum thereof is in writing and signed by the “party to be charged therewith.”. … Read more
Financial transactions happen every day all around the world. Interestingly, whether you’re buying a bottle of water or entering into a multi-million-dollar contract, many of the same basic rules apply. Among those rules are ones that govern what happens if you accidentally overpaid someone. It’s important to know what your obligations are when you pay … Read more
It’s not unusual for individuals who are left out of a family member’s or friend’s will to challenge the will on the grounds of undue influence or lack of testamentary capacity. However, as demonstrated in a recent decision of the New York Appellate Division, it can be difficult to prove your case. The decision highlights … Read more
In New York the transfer of real property is generally evidenced by a deed which gets recorded in the office of the County Clerk) in the county where the real property is located, or in the case of property located in New York City, the City Register. The importance of recording an ownership interest and … Read more
Real estate brokers generally earn their commission when they are the “procuring cause” of the sale of real property and the sale actually closes. In most transactions, it is clear that the broker procured the sale because he or she introduced the actual buyer to the seller. However, in a recent New York case, the … Read more
While Election Day has passed, employment concerns about the political activities of employees can come up at any time of year. It is important for employers and employees to understand the rules regarding an employee’s rights to engage in political activity as clarified in a recent decision of the Second Circuit Court of Appeals in … Read more