Patricia Kane

May 05, 2021 | New York Law Journal

And other announcements of recent hirings and promotions of New York attorneys.

By Patricia Kane

2 minute read

May 04, 2021 | New York Law Journal

More than a year has passed since the Court of Appeals' ruling in Regina Metro. Co. v. NYSDHCR and the First Department has since issued various decisions interpreting the scope of the decision. In their Rent Stabilization column, Warren Estis and Jeffrey Turkel discuss two lines of cases, both relating to the issue of fraud as it impacts the four-year look-back rule.

By Warren A. Estis and Jeffrey Turkel

8 minute read

May 04, 2021 | New York Law Journal

Scott E. Mollen, discusses "Haberman v. Zoning Bd. of Appeals of the City of Long Beach," where a wrongful revocation of a building permit was a held as a breach of defendant City of Long Beach's contract.

By Scott E. Mollen

18 minute read

May 04, 2021 | New York Law Journal

This article discusses the requirements under New York law governing provisions in employment agreements that restrict an employee's ability to compete.

By Robb W. Patryk, Amina Hassan and Maya Jacob

8 minute read

May 03, 2021 | New York Law Journal

A police arrest or stop is clearly a "seizure" within the meaning of the Fourth Amendment. In his Section 1983 Litigation column, Martin Schwartz raises the question of what if the officer's use of force did not occur in the course of an arrest or stop? In these cases, a court has to decide the threshold question of whether the officer's use of force constituted a "seizure."

By Martin A. Schwartz

14 minute read

April 30, 2021 | New York Law Journal

When couples decide to divorce, the first task is to separate their living spaces. For some, this means one partner fully moves out. But for others, especially those with children, this means establishing separate sleeping quarters—a "sleep divorce." This article discusses the issues that can arise when establishing the parameters of such an arrangement.

By Sandra M. Radna

8 minute read

April 29, 2021 | New York Law Journal

The chairman and the executive director of the New York Lawyers' Fund for Client Protection reflect on the success and reasons behind this program of rectification.

By Eric A. Seiff and Michael J. Knight Sr.

8 minute read

April 27, 2021 | New York Law Journal

Following sharp criticism by the Seventh Circuit for its broad application of the fair use defense, the Second Circuit's decision in 'Andy Warhol Foundation v. Goldsmith' turns the tide of fair use jurisprudence back toward a more even balance between creators of original works.

By Martin Flumenbaum and Brad S. Karp

7 minute read

April 27, 2021 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses "2857 Sedwick Ave. LLC v. Drummond,"Bowery 263 Condo Inc. v. D.N.P. 336 Convent Ave. LLC," and " Similis Mgmt. LLC v. Dzganiya."

By Scott E. Mollen

10 minute read

April 27, 2021 | New York Law Journal

In their Real Estate Financing column, Ezra Dyckman and Charles Nelson discuss the new 2020 partnership tax basis capital account reporting requirements which "give the IRS much more visibility into the tax situations of partners in partnerships."

By Ezra Dyckman and Charles S. Nelson

5 minute read