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New York Law Journal

The Great Landlord Rent Robbery

This article addresses the ongoing issue of deregulating rent-regulated apartments, including apartments in buildings receiving J-51 tax benefits, highlights some common scenarios tenant attorneys see regarding this issue, and emphasizes that it should be revisited by the Legislature.
7 minute read

New York Law Journal

Housing Discrimination; Licensee Succession Holdover: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Katz v. New York City Housing Preservation and Development," where a housing discrimination case was dismissed, and "Diversified Equities LLC v. Swint," based on a licensee holdover proceeding,
15 minute read

New York Law Journal

Franchising Versus No-Poach/Non-Compete Issues, Part 2

This past March, the Supreme Court allowed a proposed class action challenging McDonald's use of no-poach provisions in its franchise agreements to move forward, and denied McDonald's petition to review a ruling from the Seventh Circuit that revived the case last summer.
10 minute read

New York Law Journal

Practical Implications of the New Restrictions on New York Employers' Access to Employee and Applicant Social Media Accounts

On March 12, New York's Governor Kathy Hochul signed a bill into law that effectively prohibits employers from accessing employees' or job applicants' personal social media accounts. New York employers should evaluate their current application processes and social media policies to ensure compliance with the new law.
6 minute read

New York Law Journal

Good Guy Guarantees: How One Word May Expand the Liability of Individual Guarantors

In December 2022, the First Department issued a decision in 122 East 42nd Street LLC v. Joseph Scharf and Sarah Gotlib that caught the leasing world off guard as it relates to so-called "Good Guy" guarantees.
9 minute read

New York Law Journal

Nonresidents Protected From Employment Discrimination by NY Human Rights Laws

In a unanimous decision in 'Syeed v. Bloomberg', the Court of Appeals answered a certified question from the Second Circuit by holding that the New York City and New York State Human Rights Laws banning employment discrimination protect out-of-state residents who are not yet located or employed in New York but who sought an opportunity to work in New York.
7 minute read

New York Law Journal

'Martindell' Presumption Does Not Extend to Protective Orders in Arbitrations

In 'In re Grand Jury Subpoena Dated February 22, 2024, 2024', Judge Jesse Furman of the Southern District of New York confronted whether the Second Circuit's 'Martindell' test extends to protective orders issued by an arbitrator rather than by a district judge.
9 minute read

New York Law Journal

Child Support Caps and Calculations: Is There Still a Need for 'Needs'?

Prior to the Child Support Standards Act, there was a wide disparity of child support awards due to a lack of clear standards and formulas. In 1995, the Court of Appeals stepped in to provid guidance, offering two ways to calculate an award: One is by setting a cap and the other is by demonstrating proven costs. Authors Robert Dobrish and Lee Rosenberg offer their thoughts on this hot-button issue of why judges seem to favor the cap method over the other.
11 minute read

New York Law Journal

Form Versus Substance: Termination Procedures in NY Employment Contracts

This article highlights competing New York case law when it comes to termination procedures laid out in employment contracts, as well as the implications of it.
8 minute read

New York Law Journal

Motor Scooters and No-Fault Insurance Coverage

Motorized scooters, mopeds and E-bikes are becoming more popular in both New York state and nationally. Several pieces of legislation have been passed allowing or expanding the use of lower speed E-bikes and E-scooters. Yet, the convenience and affordability also comes with a price in the form of injuries, sometimes fatal.
12 minute read

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