Generally, wrongful death actions are governed by Article 5 of the New York Estates Powers and Trusts Law (EPTL). Such lawsuits are usually commenced by the appointed estate representative and only allow recovery of damages for “pecuniary injuries resulting from the decedent’s death to his distributees” or heirs. These may include damages for their loss … Read more
Generally, when a lender forecloses on a loan, it is entitled to the full amount of principal due plus interest. This usually includes “default interest,” which is charged at a substantially higher rate than the loan interest and starts to accrue from the date the borrower is notified of the default. In a recent court … Read more
Long before COVID, New York law protected homeowners from foreclosure by requiring that lenders take certain steps prior to commencing legal action. One of these steps involves giving advance written right to notice to the homeowner. In a recent decision, a New York appellate court clarified the rules regarding notice and confirmed that lenders must … Read more
In litigation, it is important to determine not only who did what to whom, and what damage resulted, but also who can be held legally responsible for the conduct. The latter issue commonly arises when an employee causes injury to another party and the suit seeks to hold the employer liable for the employee’s actions. … Read more
In order for a will to be valid, a person must have “testamentary capacity.” This means they must be considered competent under the law and have the requisite mental ability to understand and execute a will. In most wills, this is not an issue because the decedent had no health issues when signing and the … Read more
A power of attorney is an essential document in estate planning. Every adult should have one to ensure that someone they trust will handle their financial and legal matters if they are incapacitated or otherwise unable to take care of such issues themselves. While the person holding the power of attorney typically has broad authority, … Read more
The New York State Child Victims Act created a one-year window for victims of sexual abuse to bring a lawsuit against any responsible parties even though the statute of limitations had already expired. As a result of the law, a large number of cases have been filed, including many against religious institutions based on their … Read more
Most people would prefer to file a lawsuit in a court that is convenient to them. That might be fine if the defendant is also local. However, if the defendant is located out of state, specific rules apply regarding where they can be sued. A recent New York appellate case clarified these laws with respect … Read more
The statute of limitations is a defense that a defendant can use if he or she believes that the plaintiff waited too long to sue. The law gives an injured party a deadline to bring an action. However, determining when the statute of limitations expires may be more complicated than it seems. You first have … Read more
The general rule in New York is that each party to a lawsuit is responsible for his or her own legal fees. One exception to this is where the parties to a contract include a provision for attorney’s fees in their agreement. This clause typically states that in the event of a dispute, the losing … Read more