Attorneys in New York are keenly aware of the new representations, but do consumers know how seriously the New York State Legislature is taking the mortgage foreclosure crisis? The Office of Court Administration sets forth the Proposed Language and Provides consumers with the following warning: N.B.: During and after August…
Did you know that if a landlord includes a provision in the lease that awards fees to the landlord in a summary eviction proceeding, the tenant may also be entitled (as a matter of statutory law) to seek attorney’s fees? Real Property Law § 234 provides: Whenever a lease of…
As reported last year around this time, New York State revised its Power of Attorney Laws. A Power of Attorney is a very powerful legal document which grants legal authority or “power” to another person to act on your behalf in a legal or business matter. The person authorizing an…
As reported in past entries on this Blog, bedbugs complaints and media reports of serious infestations in hotels, offices, and residential buildings are on the rise in New York City. As a result, bedbug disclosure is now required. In a nutshell, when a renter and landlord negotiate a lease in…
Increasingly, small businesses use the Internet to sell, to launch, to inform, to market, to complain, . . . . [to do just about anything]. There are so many rules, regulations, statutes, concerns, and other worries, that it is impossible to address them all. Many arise without expectation. That said,…
In today’s ever concentrating society, where we live in close proximity to one another, I was wondering whether citizens in our communities ever considered the chiming of church bells and the blaring of fire horns to be a “nuisance,” and whether they ever sought to quite these things we hear…
So you go out one day and find that your neighbor has cut down your tree. What are your responsibilities, your rights when such tree has been removed illegally. Notwithstanding the fact that many municipalities have tree ordinances of varying types, the removal of trees on another’s land is illegal.…
As much as the law changes, it stays the same. Oliver Wendell Holmes, an original legal theorist, revolutionized the understanding of law when he reconceived common law as a theory of social inquiry. Arguing that the law was, in fact, a social reconstruction of ever-changing historical contexts, we are more…
Does a client have the right to bring a legal malpractice case against the attorney who forced, recommended, or otherwise allowed the client to knowingly accept in New York? Generally, New York does not bar claims for legal malpractice arising from a litigation settled by the former client. A client…
The growing popularity of the Internet as a means of communication has created a new way to spread potentially defamatory statements. Users may be held accountable in court for making defamatory remarks in these informal – but very public – forums, and blog posts. As long as statements are demonstrably…