In late 2017, the New York Department of Financial Services (“DFS”) promulgated Insurance Regulation § 208 in an effort to protect purchasers of title insurance from excessive rates and ensure reasonable charges for ancillary services provided by title insurance companies. Following enactment of the regulation, it was contested in court by the New York State Land … 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
When unmarried couples make oral financial promises to each other, problems can arise if they split up. In a recent New York court decision, the Appellate Division, Second Department addressed such a situation, finding that the Plaintiff could pursue her claim for constructive trust with respect to certain property she asserted was promised to her … 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
Earlier this year, President Trump signed the Right to Try Act into law. The stated goal of the law is to expand access to experimental medications particularly in those states like New York and New Jersey that don’t already have a similar state law. The law gives terminally ill patients the ability to obtain experimental … Read more
Parties to a contract are generally free to negotiate and decide on the terms of their agreement. Even where a contract provision is not ideal, or even advisable, courts will often respect and enforce the provisions. However, one area where courts take a more restrictive view on the parties’ freedom of contract is when they … Read more
A right of first refusal in a real estate contract is a provision that gives a potentially interested party the right to buy a property before the seller negotiates other offers. A recent New York case looked at whether one party could structure a transaction in a way that essentially kept another party from exercising … Read more
Property owners often must make improvements to their properties in order to develop them, such as paving, leveling and changing the grade of their land. This process can change how surface waters flow across the property, and may unintentionally cause flooding as water may flow onto surrounding properties. This has historically been the subject of … Read more