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The Yellowstone injunction, a unique feature of New York's legal landscape since 1968, has played a significant role in the dynamics between commercial landlords and tenants.
A quiet title action aims to resolve any doubts about ownership and rights to a property. It eliminates any "clouds" on the title arising from apparent claims, such as an invalid deed or other instrument, potentially affecting marketability.
Lien Law Art. 3-A requires contractors and owners of construction projects financed through bank loans to hold funds in trust for the benefit of contractors and workers performing the work.
New York Lien Law § 59 provides a mechanism for a party subject to a mechanic's lien to move to vacate the lien based on the lienor's failure to prosecute.
New York's Lien Law § 38 provides valuable recourse for property owners and contractors faced with a questionable or exaggerated mechanic's lien.
The doctrine of “piercing the corporate veil” is an exception to the general rule that a corporation exists independently of its owners, who are not personally liable for its obligations. T
Employee misclassification occurs when a worker is paid by a business as an independent contractor but should be classified as an employee under New York law and federal law.
This article provides a general overview of the terms commonly found in private and public construction contracts, with a focus on terms that, if not adhered to, may result in a waiver of claims.
Commercial general liability (CGL) insurance policies insure against risks related to unforeseen accidents or property damage.
This article will provide an overview of the law governing the recognition ( “domestication”) of a judgment rendered by a Court outside of New York state.
In the realm of civil litigation in New York, the strategic use of CPLR § 3213 to seek summary judgment in lieu of filing a complaint is a powerful mechanism for swifter resolution of a lender or creditor’s rights against a borrower, guarantor, or other debtor.
When forming a business it is important to understand the different kinds of business entities and their tax implications. The following article summarizes the different types of legal entities that are commonly used and the advantages and tax filing requirements of each.
Mediation is a form of alternate dispute resolution that allows businesses and individuals to resolve disputes outside of the courtroom. With settlement as the ultimate goal, the parties negotiate in front of a neutral third party, known as a mediator.
Pursuant to New York Lien Law Article 3-A, all funds received by a contractor for a construction project, or by an owner under a construction loan, constitute assets of a statutory trust. The recipient, as trustee must apply the funds to the costs of improvement before diverting them to any other purpose.
Construction defects are common occurrences in construction. Often, a party contracting for work requires a warranty against construction defects for a specific time. Warranties may be either expressly given or implied through operation of the law.
Delay of construction projects can impose substantial unanticipated costs. As a result, disputes regarding the delayed completion of construction work are one of the most common types of construction disputes.
As with all contracts, software development contracts must clearly define the rights and obligations of the parties. However, the complexity of software development and the frequent lack of detailed initial specifications requires additional care in drafting.
The filing of a mechanic’s lien can help contractors secure their right to payment. However, it can also cause hardship for owners and higher tiered contractors if the lien claim is unjustified.
Mechanic's liens are a statutory device designed to protect the interests of persons who furnish labor and materials for a construction project.
“What next?” is a question commonly asked by recipients of an arbitration award. Those who believe that the award is fundamentally wrong or unfair may pose the same question.
Arbitration is heavily favored by the courts of New York, and as a matter of federal policy, under the Federal Arbitration Act. One can be compelled to arbitrate even without having signed an arbitration.
The United States Courts of Appeal are intermediate appellate courts that hear appeals from the United States district courts. They are thirteen circuits. Twelve cover geographic regions (circuits) and generally hear appeals from United States district courts within that circuit.
New York has a unique appellate system that can be difficult to navigate. This article is intended to shed light on various features of appellate practice in New York, with an emphasis on appeals before the Appellate Division.
Breach of contract lawsuits arise in a variety of business and professional settings, from disputes between investors or partners in a business, to disputes between businesses – professional and everyday service providers, contractors, developers, suppliers and more.
While commencing a RPAPL 881 special proceeding can be time-consuming and involves attorneys’ fees, it is typically necessary to secure required access to adjoining properties.
Article 78 of the CPLR is the modern iteration of the common law writ procedure for challenging governmental action. It serves the important function of keeping administrative agencies accountable to the public and the laws of New York