Kenneth M. Block

March 14, 2012 | New York Law Journal

In their Construction Law column, Kenneth M. Block and John-Patrick Curran, partners at Tannenbaum Helpern Syracuse & Hirschtritt, write that, in the past, plaintiffs asserting architectural malpractice claims had to exercise care in pleading their claims, making sure to assert both contract and tort theories to ensure that both contract and tort damages would be available to them, but times are changing.

By Kenneth M. Block and John-Patrick Curran

11 minute read

September 12, 2012 | New York Law Journal

In their Construction Law column, John-Patrick Curran and Kenneth M. Block, members of Tannenbaum Helpern Syracuse & Hirschtritt, write that an owner with a strong legal challenge to a mechanic's lien must be made aware that summary discharge is not always available and that, before incurring the cost of an unsuccessful petition, the owner must first properly characterize the nature of the lien's deficiencies in order to assess the proper procedure for seeking its removal.

By John-Patrick Curran and Kenneth M. Block

13 minute read

June 20, 2012 | New York Law Journal

In their Construction Law, Kenneth M. Block and John-Patrick Curran, partners of Tannenbaum Helpern Syracuse & Hirschtritt, write that while the owner's rider can be modified to reflect the terms of a given project, it is the ethical responsibility of the drafter to note any modifications through track changes or other devices so as to eliminate any impression that the modified owner's rider was sanctioned by the committee.

By Kenneth M. Block and John-Patrick Curran

9 minute read

December 21, 2011 | New York Law Journal

In their Construction Law column, John-Patrick Curran and Kenneth M. Block, members of Tannenbaum Helpern Syracuse & Hirschtritt, write that, in New York City alone, it has been estimated that 7,600 acres of real property (an area more than nine times the size of Central Park) are contaminated with urban fill material and various other human-transported or anthropogenic deposits, some of which are considered "hazardous" under New York law.

By John-Patrick Curran and Kenneth M. Block

10 minute read

January 19, 2005 | New York Law Journal

Kenneth M. Block and Jeffrey B. Steiner, members of Brown Raysman Millstein Felder & Steiner, write that carefully drafted loan guarantees customarily contain clauses waiving defenses such as fraud, breach of fiduciary duty, breach of contract, negligent misrepresentation, failure of consideration and economic duress. Despite the ingenuity of counsel for borrowers, these waiver of defense clauses are uniformly enforced.

By Kenneth M. Block and Jeffrey B. Steiner

9 minute read

November 17, 2004 | New York Law Journal

Kenneth M. Block and Jeffrey B. Steiner, members of Brown Raysman Millstein Felder & Steiner, write that, even though contractual provisions may give the lender broad latitude in monitoring the construction process and approving the disbursement of funds, the successful completion of a project is a cooperative effort requiring open communication and a willingness to resolve disputes quickly and fairly.

By Kenneth M. Block and Jeffrey B. Steiner

10 minute read

March 16, 2005 | New York Law Journal

Kenneth M. Block and Jeffrey B. Steiner, members of Brown Raysman Millstein Felder & Steiner, write that the 1989 amendment to Real Property Law �275 eliminated the statutory obligation of a lender to deliver an assignment upon payment of the outstanding indebtedness, replacing it with the obligation to deliver a certificate of discharge.

By Kenneth M. Block and Jeffrey B. Steiner

10 minute read

March 12, 2008 | New York Law Journal

Kenneth M. Block and John-Patrick Curran, members of Tannenbaum Helpern Syracuse & Hirschtritt, write that developers who are considering the possible availability of tax credits for the development of their contaminated properties must assess carefully, and early on, the relationship between the potential costs of remediation and the anticipated value of the development once completed.

By Kenneth M. Block and John-Patrick Curran

12 minute read

January 08, 2010 | New York Law Journal

Kenneth M. Block, a partner of Tannenbaum Helpern Syracuse & Hirschtritt, and Hilary Semel, a senior associate of the firm, review the Greener, Greater Buildings Plan, which was signed by Mayor Bloomberg on Dec. 28, 2009. The legislation, which is designed to reduce the city's carbon footprint by 5 percent, provides for the creation of a New York City Energy Conservation Code, the benchmarking of water and energy use performance, the upgrading of lighting during major renovations, and the conducting of energy audits and retro-commissioning.

By Kenneth M. Block and Hilary Semel

14 minute read

March 21, 2007 | New York Law Journal

Kenneth M. Block and Jeffrey B. Steiner, members of Thelen Reid Brown Raysman & Steiner, write that at higher court levels, recent decisions represent a positive trend for judicial acceptance of the MERS system. Currently in New York, MERS mortgages remain not only eligible for recording but also lawful and enforceable in the state's courts. Florida's appellate courts seem to be moving in the same direction. But decisions in other states, particularly at the trial court level, have had mixed results.

By Kenneth M. Block and Jeffrey B. Steiner

10 minute read