Patricia Kane

November 25, 2019 | New York Law Journal

In their Trial Practice column, Robert Kelner, Gail Kelner and Joshua Kelner discuss the recent case 'He v. Troon Mgmt.', which held that out-of-possession landowners cannot shift the duty to maintain their sidewalks to their tenants. The authors survey the Court of Appeals' case law concerning the Sidewalk Law, and explain where the law now stands following He.

By Robert Kelner, Gail Kelner and Joshua Kelner

12 minute read

November 20, 2019 | New York Law Journal

In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss two recent important circuit court decisions on the topic of §1782 discovery, one holding that the statute can be used in aid of private arbitration and the other holding that the statute can apply to documents located outside the United States.

By Lawrence W. Newman and David Zaslowsky

11 minute read

November 19, 2019 | New York Law Journal

In his Realty Law Digest, Scott E. Mollen discusses two Landlord-Tenant cases: 'Dugan v. London Terrace Gardens,' and 'N.Y.C. Hous. Auth. v. Jones Jr.'

By Scott E. Mollen

12 minute read

November 19, 2019 | New York Law Journal

In their Real Estate Financing column, Jeffrey Steiner and David Broderick focus on a case highlighting issues related to guarantor full recourse liability due to breaches of the voluntary lien, transfer and indebtedness carve-outs.

By Jeffrey B. Steiner and David Broderick

7 minute read

November 19, 2019 | New York Law Journal

In his Blockchain Law column, Robert Schwinger discusses two recent California federal court rulings—'Terpin v. AT&T' and 'Fabian v. LeMahieu'—which indicate that the ability of negligence claims involving cryptocurrency thefts to survive dismissal at the pleading stage will turn on the plaintiff's ability to adequately plead the elements of a negligence claim: duty, breach, causation and damages.

By Robert A. Schwinger

12 minute read

November 18, 2019 | New York Law Journal

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

By Patricia Kane

4 minute read

November 18, 2019 | New York Law Journal

In his Medical Malpractice Defense column, John L.A. Lyddane discusses the value of exploring a culpable conduct defense when faced with an informed consent claim from a patient who may share responsibility for an unsatisfactory medical procedure outcome.

By John L.A. Lyddane

8 minute read

November 15, 2019 | New York Law Journal

Pro-actively marketing a practice may be a new experience for solo attorneys who previously benefited from the resources of a larger firm. In her Best Practices for Solo Practices column, Janet Falk discusses marketing activities that may be done from one's own computer.

By Janet Falk

6 minute read

November 14, 2019 | New York Law Journal

The Appellate Division, Second Department, has released a list of 44 attorneys who are facing suspension for failing to register and pay a licensing fee in compliance with Judiciary Law §468-a.

By Patricia Kane

1 minute read

November 12, 2019 | New York Law Journal

In his Realty Law Digest, Scott E. Mollen discusses "Fresh Air for the Eastside Inc. v. Waste Management of New York," where the plaintiffs plausibly alleged that a landfill's emissions were more than a mere annoyance; and "Garrasi v. Selene Finance," where a borrowers' assignee was found not to be a "borrower" for purposes of standing to bring a RESPA claim.

By Scott E. Mollen

16 minute read