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Patricia Kane

Patricia Kane

Patricia Kane is the Courts Editor for the New York Law Journal.

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December 27, 2023 | New York Law Journal

Digital Right To Repair Expands to Influential State of California

On Oct. 10, California's governor approved California's Right to Repair Act with is broader than New York's similar one. This article provides an overview and analysis.

By John M. Griem, Jr., Matthew Dunn and Jennifer Frank

10 minute read

December 26, 2023 | New York Law Journal

Brokers' Commission; Preferential Rent: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Besen Partners LLC v. 36 W. 128th, LLC," concerning a dispute over brokers' commission, and "201 East 164th Street Associates LLC v. Calderon," where the court found that the subject lease directly referenced a rider.

By Scott Mollen

13 minute read

December 26, 2023 | New York Law Journal

Here Comes the Sun: New Solar Tax Credit Rules Benefit Rental Property Owners

Ezra Dyckman and Charles Nelson discuss the Inflation Reduction Act, which has expanded the scope of green energy tax credits, and also proposed regulations by the Treasury Department that have the potential to allow even taxpayers with no income tax liability to more easily monetize some of these tax credits.

By Ezra Dyckman and Charles S. Nelson

5 minute read

December 21, 2023 | New York Law Journal

Effectively Utilizing the Parenting Coordination Process

A discussion of the benefits of using a parenting coordinator, as well as pitfalls to be aware of.

By Leslie Stewart Sullivan

6 minute read

December 20, 2023 | New York Law Journal

The Devil Is in the Details: Contractual Modification of Fiduciary Duties

The written word in a contract will almost always trump oral representations—especially where the contract includes language which merges any prior representation giving the document the last word on the parties' rights and obligations. However, cases continue to appear before the bench. In one such recent case, Stephanie Clegg v. Sotheby's, the plaintiff learned a hard lesson.

By Paul F. Millus

11 minute read

December 20, 2023 | New York Law Journal

The West Bank and Gaza: Back to the Future

In this timely piece, David Lenefsky offers that the United Nations should reactivate the Trusteeship Council and place the West Bank and/or Gaza in trust—or a trusteeship-like arrangement—to facilitate the creation of a democratic State of Palestine composed of both territories.

By David Lenefsky

6 minute read

December 19, 2023 | New York Law Journal

Frustration of Right To Tender Mortgage Arrears; Guaranty Agreements: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Flushing Bank v. Cory Realty" and "231/249 W. 39 St. Assocs. v. Chan."

By Scott Mollen

15 minute read

December 19, 2023 | New York Law Journal

Remedies in Real Estate Transactions, Part 4: Damage Limitations

In this last article of her four-part series, Adrienne Koch discusses two types of provisions parties use to limit actual damages— waivers of consequential damages, and waivers of the right to seek money damages altogether.

By Adrienne B. Koch

6 minute read

December 19, 2023 | New York Law Journal

Judiciary Law §487 in 2023

Judiciary Law §487 is a statute unique in regulation of the legal professional. Other professions are subject to their own disciplinary rules, other professions are subject to negligence claims, but none are subject to a 748-year-old treble damage statute which has been incorporated into the common law.

By Andrew Lavoott Bluestone

10 minute read

December 18, 2023 | New York Law Journal

Attorney Affirmations, Beware!

A New York State statute goes into effect Jan. 1 which will allow the use of affirmations rather than sworn affidavits in civil litigation. This article discusses the statute, along with the apparently unintended effect of changing the necessary form of affirmations.

By Matthew A. Feigin

8 minute read