News & Insights

  • New York City

    NEW YORK CITY PROTECTS PERSONAL GUARANTORS OF COMMERCIAL LEASES IN COVID-19 DEFAULTS

    On May 26, 2020, New York City Mayor Bill DeBlasio signed a new law addressing the liability of personal guarantors for the debts of commercial tenants that defaulted due to COVID-19. Governor Andrew Cuomo had previously issued Executive Orders which prohibited the imposition of late charges and temporarily halted evictions of commercial tenants. As a … Read more

  • COVID-19

    COVID-19 Legal Changes in New York: A Review of Executive Orders

    In New York, COVID-19 has resulted in a number of temporary changes in the law. Since Governor Cuomo declared a state of emergency and enacted the New York PAUSE Act, he has issued a long list of executive orders which in part, have modified and stayed various legal provisions. Some of the executive orders have … Read more

  • New York

    Common Pitfalls When Making a New York FOIL Request for Government Records

    Freedom of information laws gives the public the right to request access to government records. The New York State Freedom of Information Law (FOIL) is based on the federal Freedom of Information Act (FOIA). The goal of both laws is to allow for more transparency in government by requiring disclosure of requested documentation and records … Read more

  • NEIGHBORING PROPERTY

    CAN YOU SUE A NEIGHBORING PROPERTY OWNER TO STOP THEIR CONSTRUCTION?

    Before a party can sue in court for anything, he or she must have the standing to bring the lawsuit. To establish standing, a party must demonstrate a sufficient personal connection to and harm from the law or action challenged to support that party’s participation in the case. Essentially, courts want to know that a … Read more

  • Liability

    Apportioning Liability to a Party Who Is Judgment Proof

    When multiple parties may be responsible for an injury to a plaintiff, a common issue is apportioning liability among the parties. Typically, the evidence is presented to establish each party’s relative percentage of responsibility for causing the injury. However, this can be complicated when one of the responsible parties is judgment proof. A party may … Read more

  • debtor

    DEBTOR AVOIDS PAYING MORTGAGE BECAUSE OF LENDER’S DELAY IN PURSUING FORECLOSURE

    When a debtor defaults on a mortgage, the lender must commence an action for foreclosure within the statute of limitations. In New York, the statute of limitations is six years and it starts running upon the acceleration of the debt following a default in payment. Essentially, when a debtor defaults, the lender “accelerates” the mortgage … Read more

  • disabled

    ADA Does Not Protect Employees from Stress Caused by the Employer or Supervisor

    The Americans with Disabilities Act (ADA) protects individuals who are disabled (or considered to be disabled) from discrimination in a variety of contexts. In the employment arena, it applies to employers who have 15 or more employees. While it encompasses a wide range of physical or mental impairments, there are limitations in who is considered … Read more

  • de facto

    BUYING THE ASSETS OF A BUSINESS? AVOID A DE FACTO MERGER

    Generally, New York law provides that a company that buys the assets of another business is not liable for the seller’s pre-existing liabilities. However, there are several important exceptions to this rule. One of them is known as the de facto merger doctrine and it creates successor liability when the transaction between the purchasing and … Read more

  • IRA

    Say Goodbye to the Stretch IRA Under the SECURE Act

    IRAs and 401(k) plans are popular investment vehicles because of the tax benefits. Assets deposited into these accounts are only subject to income tax when they are withdrawn. The IRS sets a certain age at which withdrawals must start (currently 72) and provides for annual “required minimum distributions (RMDs).” These RMDs are calculated based on … Read more

  • Legal Requirements for Getting Married in Iceland

    A destination wedding is a dream for many couples. However, it also comes with logistical concerns especially if the destination is a foreign country. Every country has its own rules which must be followed precisely to avoid finding yourself unable to get married after spending the time and money to organize the ceremony. As Iceland … Read more

NEW YORK CITY PROTECTS PERSONAL GUARANTORS OF COMMERCIAL LEASES IN COVID-19 DEFAULTS

New York City

On May 26, 2020, New York City Mayor Bill DeBlasio signed a new law addressing the liability of personal guarantors for the debts of commercial tenants that defaulted due to COVID-19. Governor Andrew Cuomo had previously issued Executive Orders which prohibited the imposition of late charges and temporarily halted evictions of commercial tenants. As a … Read more

Common Pitfalls When Making a New York FOIL Request for Government Records

New York

Freedom of information laws gives the public the right to request access to government records. The New York State Freedom of Information Law (FOIL) is based on the federal Freedom of Information Act (FOIA). The goal of both laws is to allow for more transparency in government by requiring disclosure of requested documentation and records … Read more

CAN YOU SUE A NEIGHBORING PROPERTY OWNER TO STOP THEIR CONSTRUCTION?

NEIGHBORING PROPERTY

Before a party can sue in court for anything, he or she must have the standing to bring the lawsuit. To establish standing, a party must demonstrate a sufficient personal connection to and harm from the law or action challenged to support that party’s participation in the case. Essentially, courts want to know that a … Read more

Apportioning Liability to a Party Who Is Judgment Proof

Liability

When multiple parties may be responsible for an injury to a plaintiff, a common issue is apportioning liability among the parties. Typically, the evidence is presented to establish each party’s relative percentage of responsibility for causing the injury. However, this can be complicated when one of the responsible parties is judgment proof. A party may … Read more

DEBTOR AVOIDS PAYING MORTGAGE BECAUSE OF LENDER’S DELAY IN PURSUING FORECLOSURE

debtor

When a debtor defaults on a mortgage, the lender must commence an action for foreclosure within the statute of limitations. In New York, the statute of limitations is six years and it starts running upon the acceleration of the debt following a default in payment. Essentially, when a debtor defaults, the lender “accelerates” the mortgage … Read more

ADA Does Not Protect Employees from Stress Caused by the Employer or Supervisor

disabled

The Americans with Disabilities Act (ADA) protects individuals who are disabled (or considered to be disabled) from discrimination in a variety of contexts. In the employment arena, it applies to employers who have 15 or more employees. While it encompasses a wide range of physical or mental impairments, there are limitations in who is considered … Read more

BUYING THE ASSETS OF A BUSINESS? AVOID A DE FACTO MERGER

de facto

Generally, New York law provides that a company that buys the assets of another business is not liable for the seller’s pre-existing liabilities. However, there are several important exceptions to this rule. One of them is known as the de facto merger doctrine and it creates successor liability when the transaction between the purchasing and … Read more

Say Goodbye to the Stretch IRA Under the SECURE Act

IRA

IRAs and 401(k) plans are popular investment vehicles because of the tax benefits. Assets deposited into these accounts are only subject to income tax when they are withdrawn. The IRS sets a certain age at which withdrawals must start (currently 72) and provides for annual “required minimum distributions (RMDs).” These RMDs are calculated based on … Read more

Legal Requirements for Getting Married in Iceland

A destination wedding is a dream for many couples. However, it also comes with logistical concerns especially if the destination is a foreign country. Every country has its own rules which must be followed precisely to avoid finding yourself unable to get married after spending the time and money to organize the ceremony. As Iceland … Read more