September 12, 2019 | New York Law Journal
A Climate Change Agenda for the Next U.S. AdministrationIn his International Environmental Law column, Stephen Kass presents a 15-point program to address both climate mitigation (reduction of greenhouse gases) and climate adaptation (helping the U.S. and the world adapt to the now inevitable impacts of climate change) that the next U.S. administration should "aggressively pursue."
By Stephen L. Kass
9 minute read
September 11, 2019 | New York Law Journal
Annual Review of Developments Under SEQRAAlthough the courts decided 46 cases under the State Environmental Quality Review Act (SEQRA) in 2018, Michael Gerrard and Edward McTiernan write that the most important action under the Act was in the Legislature, followed by the state Department of Environmental Conservation.
By Michael B. Gerrard and Edward McTiernan
8 minute read
September 10, 2019 | New York Law Journal
Realty Law DigestIn his Realty Law Digest, Scott E. Mollen discusses "Kuzmich v. 50 Murray St. Acquisition," where the Court of Appeals held that Real Property Tax Law §421-G apartments are not subject to luxury deregulation provisions of the Rent Stabilization Law; and "Paradise v. Wood," where the buyer was entitled to cancel the contract for purchase of a co-op and return of the down payment.
By Scott E. Mollen
15 minute read
September 10, 2019 | New York Law Journal
Construction Management Agreements: The Cost Plus HybridIn their Construction Law column, Kenneth Block and Joshua Levy discuss a "third form" of traditional construction management agreements: the cost plus hybrid.
By Kenneth M. Block and Joshua M. Levy
5 minute read
September 10, 2019 | New York Law Journal
How To Deal With Angry Family Law ClientsYour client is stressed and angry, and you will often be the recipient of their emotional fallout. What do you do?
By Daniel Pollack and Toby Kleinman
6 minute read
September 06, 2019 | New York Law Journal
Appellate Defender Office To Hold Its 26th Annual "First Monday" EventThe event will be held on October 7, with CNN's Jeffrey Toobin as master of ceremonies.
By Patricia Kane
2 minute read
September 06, 2019 | New York Law Journal
Memorial Service To Be Held for Judge Robert SweetThe service will be held on Friday, Sept. 20. at 4 p.m.
By Patricia Kane
1 minute read
September 04, 2019 | New York Law Journal
Time To Repair the Split in Application of Labor Law §200In three of the Appellate Division Departments, a plaintiff wishing to impose Labor Law §200 liability on an owner or general contractor in a "means and methods" case must establish that the owner or GC "actually exercised" control over the means and methods of the work. However, in the Second Department, since 'Ortega v. Puccia,' an owner or GC may be held liable if it had "authority" to control the means and methods of the work. In this article, the authors suggest it is well past time to remedy this split between the Departments.
By Timothy R. Capowski and John F. Watkins
9 minute read
September 03, 2019 | New York Law Journal
Realty Law DigestIn his Realty Law Digest, Scott E. Mollen discusses the landlord-tenant cases "Fieldstone Capital v. Ryan & Conlon LLP," "56-11 94th St. Co. v. Jara," and "Rockaway One Co. v. Alston," and the foreclosure case "Deutsche Bank Nat'l Trust v. McDonnell."
By Scott E. Mollen is a partner at Herrick, Feinstein.
14 minute read
September 03, 2019 | New York Law Journal
Courts Tackle HSTPA IssuesOn June 14, the New York State Legislature enacted the Housing Stability and Tenant Protection Act. Notwithstanding the "philosophical policy debates as to the wisdom of the statute," courts must now go about the "mundane business" of applying the statute to new and pending cases. In their Rent Regulation column, Warren Estis and Jeffrey Turkel discuss some of these recent cases.
By Warren A. Estis and Jeffrey Turkel
8 minute read
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