Patricia Kane

August 30, 2019 | New York Law Journal

California is in the middle of a dramatic and fundamental review of how lawyers, and legal services in general, should be regulated. In his Professional Responsibility article, Anthony E. Davis discusses the State Bar Task Force on Access Through Innovation of Legal Services Report and considers its broad implications for the profession generally, and for New York in particular.

By Anthony E. Davis

9 minute read

August 30, 2019 | New York Law Journal

In his Section 1983 Litigation column, Martin Schwartz discusses 'Manhattan Community Access Corp. v. Halleck,' where a sharply divided Supreme Court held that a private nonprofit corporation designated by the City of New York to operate public access cable television channels was not engaged in state action. As a result, the corporation was not subject to the limitations of the First Amendment Free-Speech Clause.

By Martin A. Schwartz

10 minute read

August 27, 2019 | New York Law Journal

In his Realty Law Digest, Scott E. Mollen discusses 'St. Christopher's Inc. v. Forgione,' where the court granted seller's motion to dismiss purchaser's counterclaims for, inter alia, breach of contract, fraud in the inducement, and implied covenant of good faith and fair dealing. 

By Scott E. Mollen

14 minute read

August 27, 2019 | New York Law Journal

In their Mediation column, Abby Tolchinsky and Ellie Wertheim write: "For several years, on an ad-hoc basis, Alternative Dispute Resolution programs have been in place in various courts throughout New York State. While all of these, and others, represent a wide-ranging definition of ADR and will certainly continue to shape settlements across the legal spectrum, we now find ourselves at a new moment."

By Abby Tolchinsky and Ellie Wertheim

8 minute read

August 27, 2019 | New York Law Journal

There are a number of approaches for owners of rental real estate to monetize low-basis real estate while maintaining tax deferral. One method that can achieve these objectives is a long-term lease with a large initial payment of rent. Section 467 of the Internal Revenue Code generally governs the income tax treatment of leases with prepaid rent. In their Taxation column, Ezra Dyckman and Charles Nelson discuss the pros and cons of Section 467.

By Ezra Dyckman and Charles S. Nelson

5 minute read

August 26, 2019 | New York Law Journal

In his Condemnation and Tax Certiorari column, Michael Rikon discusses partial acquisitions in condemnation cases and writes: "Within the area of consequential damages, we must explore, not only the loss in value suffered by the remaining property, but the possible benefits to that remainder which are the result of the improvement for which the part taken was acquired. To further complicate things, the question arises, do we consider special benefits to the remainder as distinguished from general benefits?

By Michael Rikon

8 minute read

August 22, 2019 | New York Law Journal

This article discusses the nature and nuances of the duty to defend.

By Julian D. Ehrlich

7 minute read

August 21, 2019 | New York Law Journal

The terms “transmutation” and “commingling” are frequently referred to with regard to marital property and separate property determinations in a matrimonial action. They are often used together in the same sentence, which can be confusing. Yet, there is a distinct difference between the two terms.

By Joel R. Brandes

10 minute read

August 20, 2019 | New York Law Journal

This week, Scott Mollen discusses "Gerard Fox Law v. Vortex Group," "Olowofela v. Olowofela," and "Board of Mgrs. of 150 E. 72nd St. Condominium v. Vitruvius Estates."

By Scott E. Mollen

16 minute read

August 20, 2019 | New York Law Journal

Dov Treiman discusses 'Krodel v. Amalgamated Dwellings,' a recent decision of the Appellate Division, First Department, which "inspires us to re-examine New York’s doctrine about recovering attorney fees in litigation."

By Dov Treiman

11 minute read