In what should be an interesting trial in Rockland County, New York, the Second Department, (appellate court) recently sent a
New York Real Estate Lawyer Blog
New York Legislature Proactively Trying to Level the Playing Field in Residential Foreclosures.
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…
Attorneys Fees to Tenants in Landlord Tenant Disputes in New York.
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…
More on the Power of Attorneys in New York.
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…
More on the tony New York Bed Bugs-.
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…
Small Business and Intellectual Property-Copyrights and Trademarks in New York.
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,…
Chiming Church Bells and Blaring Fire Horns a Nuisance in New York?
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…
Illegal Removal of Trees in New York.
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.…
Attorney Ethics May Result in Attorney Liability to Clients and Third Parties in New York.
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 Settlement Bar Legal Malpractice in New York?
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…