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New York Law Journal

Adultery, Fault Divorce, and Morals: A Complex Cocktail

If fault divorce in New York is hardly ever deployed, does any of this really matter? Yes, it does. First, as divorce lawyers, we should not applaud a system that allows for even the remote possibility of a fault-based divorce claim being used as a weapon that can, in turn, wreak havoc on a family, not to mention unnecessarily escalate legal fees.
6 minute read

New York Law Journal

Prosecuted for a Proffer

A recent development in the corruption prosecution of Senator Robert Menendez should set off alarm bells in the white-collar defense bar. While prosecutors have often sought to use statements made by counsel against defendants, bringing criminal charges against a client based on information conveyed during an attorney proffer is unprecedented.
8 minute read

New York Law Journal

Weight of Evidence, Preservation, Third Department Joins Second, Fourth (and First)

The Third Department, in 'Fitzpatrick v. Tvetenstrand', has now adopted 'Evans' and 'Defisher'. It also logically reads the First Department's decision, 'Sims v. Comprehensive Community Development', abrogated by 'Ornstein v. New York City Health and Hospitals', as also so holding.
7 minute read

New York Law Journal

Retroactive Application of FAPA; Modification of Ground Lease: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "U.S. Bank National Association v. Joerger," and "Atlantic Ctr. Fort Greene Assoc., LLC v. City of New York."
17 minute read

New York Law Journal

2023 Annual Report of the Clerk of the Court of Appeals

We are encouraged by, and very grateful for, Chief Judge Wilson's expressed "hope that, in coming years, we will receive even more civil motions and criminal leave applications, and that we will have the opportunity to decide even more appeals."
7 minute read

New York Law Journal

Second Circuit Takes on Case Involving Discovery of Regular Employees in Union Debate

A pending Second Circuit case will likely decide whether employers facing a preliminary injunction proceeding brought by the National Labor Relations Board can obtain court-sanctioned discovery from rank-and-file employees of their views of the "chilling effect" of particular employer actions on their willingness to support the union seeking to organize them.
6 minute read

New York Law Journal

Nominal Sale Bid – The Court Stumbles (Partly)

In a continuation of his discussion on the efficacy of a plaintiff's nominal bid at a foreclosure sale, Bruce Bergman takes issue with the Third Department in its ruling in 'Wilmington Savings Fund Society FSB v. Oppitz.'
6 minute read

New York Law Journal

Reconsidering the Pre-Nup

Wedding season is just around the corner, which is a good time to reconsider pre-nups. What are the origins of these agreements and why can they be so tricky for attorneys to negotiate? David I. Faust, partner at Gallet Dreyer & Berkey, explores the legal basis for pre-nups and cohabitation agreements and that, far from being cynical, they're a healthy way to build a solid foundation for a successful relationship.
9 minute read

New York Law Journal

What a Recent Labor Law §240(1) Decision Teaches Us About Stare Decisis

This article examines the recent Court of Appeals decision that addresses whether the plaintiff was engaged in the type of "repairing" activity that is covered by Labor Law §240(1). The case should be of interest to practitioners for the implications of the specific holding. However, it also provides a broader lesson on stare decisis.
12 minute read

New York Law Journal

'AI Sat Down at the Table and Began To Negotiate the Deal': The Emerging World of AI Agents

If you are wondering what the next big thing in AI is, it's AI agents. No doubt about it. Their capabilities are exciting, a little scary and essentially unknown. For legal practitioners, the issues that AI agents raise are complex.
6 minute read

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