Patricia Kane

April 09, 2019 | New York Law Journal

Mediation columnists Abby Tolchinsky and Ellie Wertheim learned of a “fascinating AI application that provides a semblance of mediation” and they ask the question: How might a machine replicate the work of facilitating an autonomous, values-based, and personalized process? How might a machine augment—if not replace—the work of the mediator?

By Abby Tolchinsky and Ellie Wertheim

8 minute read

April 09, 2019 | New York Law Journal

In his Realty Law Digest, Scott E. Mollen discusses “Douglas Elliman v. Firefly Entm't,” where a brokerage's email with firms representing a celebrity was deemed an 'agreement to agree'; and 116 Waverly Place LLC v. Spruce 116 Waverly LLC, where the court granted summary judgment to building sellers.

By Scott E. Mollen

13 minute read

April 09, 2019 | New York Law Journal

In 1974 Major League Baseball introduced what is now known as “baseball arbitration.” If a player's representative and the club ownership cannot reach a salary agreement through negotiation, each party enters a final submission and presents its case to a panel of arbitrators which then chooses one or the other of the bids with no other result being allowed. Many real estate lawyers now advise clients to utilize this method for resolving conflicts.

By Gerald M. Levy

9 minute read

April 08, 2019 | New York Law Journal

Ethics and Criminal Practice columnist Joel Cohen discusses prosecutorial discretion in relation to the Jeffrey Epstein case, the Mueller Investigation, and the Jussie Smollett case, and writes: “Is prosecutorial discretion a good thing? Many argue that it can be lawless and tyrannical.” He then looks at why discretion makes sense, “even if there is a glitch or two.”

By Joel Cohen

9 minute read

April 08, 2019 | New York Law Journal

The Third and Fourth Departments have begun to consider post-traumatic stress disorder (PTSD) as a 'serious injury' under Insurance Law §5102(d)'s definition of “significant limitation of use of a body function or system.” Currently, the First and Second Departments have not followed suit.

By Kenneth E. Pitcoff and Andrea M. Alonso

8 minute read

April 08, 2019 | New York Law Journal

The City Bar Justice Center's 14th Annual Gala, held at the New York City Bar on April 3, honored AIG and the global law firm DLA Piper with the 2019 City Bar Justice Awards for their leadership and dedication to pro bono and public service.

By Patricia Kane

1 minute read

April 08, 2019 | New York Law Journal

On Thursday, April 4, the Center for Court Innovation dedicated the Midtown Community Court to the late Judge Robert G.M. Keating, who was instrumental in the inception of the court more than 25 years ago.

By Patricia Kane

1 minute read

April 08, 2019 | New York Law Journal

On April 5, Nassau County Court Judge Tammy Robbins hosted a questions and answers educational initiative for student members of Phi Alpha Delta, the Hofstra University pre-professional law fraternity.

By Patricia Kane

1 minute read

April 02, 2019 | New York Law Journal

In their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss the recent case “Bliss World v. 10 West 57th Street Realty,” where the First Department Appellate Division made it “crystal clear that where a default is incapable of cure, Yellowstone relief may not be available to the tenant.”

By Warren A. Estis and Michael E. Feinstein

5 minute read

April 02, 2019 | New York Law Journal

In his Realty Law Digest, Scott E. Mollen discusses “Matter of JNPJ Tenth Ave. LLC v. Dep't of Bldgs,” where a landlord's challenge to its liability for tenant's Airbnb use of the apartment was rejected because the landlord, with reasonable diligence, could have discovered the tenant's intent to sublet her apartment to transient users; and “Queens Neighborhood United v. N.Y.C. Dep't of Bldgs,” where a preliminary injunction to stop ongoing construction was denied because the petitioners failed to exhaust all remedies.

By Scott E. Mollen

16 minute read