Jade Lopez

November 08, 2024 | New York Law Journal

This article discusses coops and condominiums. "In New York, condominium sponsor defect cases provide essential protections for unit owners and boards of managers facing construction flaws attributable to the sponsor. Sponsors are responsible for overseeing the assembly, construction, and sale of condominium units, as well as issuing the offering plan that contains representations concerning the building's construction and design."

By Matthew Eiben

8 minute read

November 07, 2024 | New York Law Journal

This column reports on several recent significant decisions from the United States District Court for the Eastern District of New York. Judge Natasha C. Merle dismissed claims based on res judicata. Judge Frederic Block granted a motion for a new trial due to an excessive damage award. And Judge Brian M. Cogan dismissed qui tam claims under the False Claims Act for lack of subject matter jurisdiction.

By Samuel Butt and Thomas Kissane

8 minute read

November 06, 2024 | New York Law Journal

Jonathan Bick discusses the process of holding an AI accountable for any bad acts it may have caused. He writes: "Since an AI is not a legal entity, it may avoid being held accountable for its bad acts because it cannot be a party to a court proceeding. However, an AI may be the object of a court proceeding…which would place it under the jurisdiction of a court and that court may transfer the AI to the plaintiff and thereby ameliorating the difficulties associated with an AI's bad acts."

By Jonathan Bick

5 minute read

November 06, 2024 | New York Law Journal

Creditors of corporate entities will, at various times, pursue the controlling shareholders to satisfy an undercapitalized corporation's indebtedness. Following along these lines, when it comes to income taxation, it is always important to be able to identify the proper taxpayer.

By Jeffrey A. Galant

8 minute read

November 05, 2024 | New York Law Journal

This article discusses New York's Appellate Division "immediate appeals "as of right" to the Appellate Division from non-final (interlocutory) orders of the Supreme Court, about the only qualification being that the non-final order"

By Thomas R. Newman and Steven J. Ahmuty, Jr.

9 minute read

November 04, 2024 | New York Law Journal

This article discusses artificial intelligence and its impact in the courtroom.

By Mark Berman

7 minute read

November 03, 2024 | New York Law Journal

"In New York, although a practitioner might expect the Surrogate's Courts to act uniformly as part of the New York State Unified Court System, Surrogate's Courts in various counties may operate differently when assessing petitions. One example is with respect to restrictions placed on letters of administration. While under-restricting letters of administration may result in inadequate safeguards on the interests of non-consenting distributees, over-restricting letters could result in (i) a hindrance of a fiduciary's powers statutorily granted under EPTL §11–1.1, (ii) an unnecessary burden on the court's limited resources caused by additional applications to remove the restrictions, (iii) delayed administration of estates, and (iv) conflicts with the legislative intent as expressed in the Bennett commission."

By Hon. C. Raymond Radigan (ret.), Tara E. Mahon, Esq., and Larry S. Wolfson

10 minute read

November 03, 2024 | New York Law Journal

This article discusses the appealability of prejudgment orders.

By Elliott Scheinberg

10 minute read

October 31, 2024 | New York Law Journal

This article discusses targets of white-collar crimes. "If a defendant enters into a plea agreement with that office, what is the binding effect on other districts? Does the defendant get complete closure, or is the defendant exposed to possible prosecution by another office?"

By Elkan Abramowitz and Jonathan Sack

10 minute read

October 30, 2024 | New York Law Journal

"the U.S. Court of Appeals for the Second Circuit addressed when a state can establish standing pursuant to the parens patriae doctrine, and, in particular, the contours of the requirement that a state show that there has been an injury to a substantial segment of the state's population."

By By: MARTIN FLUMENBAUM, BRAD S. KARP and ALEXI POLDEN

6 minute read