By Scott E. Mollen | June 5, 2018
Scott E. Mollen, a partner at Herrick, Feinstein, discusses two landlord-tenant cases: 'DD 11th Ave. LLC v. Sans, a fraud case, where a tenant obtained a low-income apartment by understating his income, and 'Matter of Jourdain v. N.Y.S. Div. of Housing & Cmty. Renewal' dealing with succession rights.
By Patricia Kane | June 5, 2018
In their Landlord-Tenant law column, Warren A. Estis and Michael E. Feinstein write: 187th St. Bronx LLC v. Hizan Deli clarified that in a summary nonpayment proceeding, it is proper for the court, absent a showing of prejudice or surprise, to permit the landlord to amend the petition to include the unpaid rent which accrued subsequent to the filing of the petition, without having to serve a new rent demand. Given that the purpose of summary proceedings is to expeditiously resolve landlord-tenant disputes, this is a logical and appropriate result.
By Michael Miller | June 4, 2018
"Members of this great profession of ours, particularly the members of the organized bar, stand on the front lines protecting, defending—and yes, even expanding—our precious civil liberties and the administration of justice."
New York Law Journal | Expert Opinion
By Rupert M. Barkoff | June 4, 2018
During the last 12 months or so, franchise precedents rendered in the areas of covenants of noncompetition and trademark infringement have been numerous.
By Christopher Boehning and Daniel J. Toal | June 4, 2018
Microsoft's four-year legal battle over the U.S. government's ability to subpoena customer email stored outside of the United States ended abruptly thanks to the passage of the Clarifying Lawful Overseas Use of Data Act (CLOUD Act) which directly governs the subject matter. While the CLOUD Act provides clarity as to the permissible reach of the U.S. government, it raises issues of potential conflicts with the laws of other countries.
New York Law Journal | Analysis
By Jeff S. Korek and Abraham Z. Melamed | June 4, 2018
When the primary reason plaintiff seeks to introduce rebuttal testimony is to simply bolster their own case and counter the defendant's, courts generally do not permit the rebuttal testimony.
New York Law Journal | Expert Opinion
By Thomas A. Moore and Matthew Gaier | June 4, 2018
The Court of Appeals has addressed issues pertaining to the statute of limitations in medical malpractice actions in two recent decisions—one involving the time at which a wrongful birth cause of action accrues, and the other involving the continuous treatment doctrine.
New York Law Journal | Analysis
By Barry Kamins | June 1, 2018
In this article on Criminal Law and Procedure, Barry Kamins looks at criticism of 'People v. DeBour,' the case establishing the level of intrusion allowed during police encounters with citizens.
By George M. Heymann | May 31, 2018
George M. Heymann, retired judge of the NYC Housing Court and of counsel to Finz & Finz writes: The Legislature should take a serious look at the “Scaffold Law” and either amend it or rewrite it from scratch to avoid the frustration and confusion it has created for the courts, the litigators and their clients since its inception.
New York Law Journal | Expert Opinion
By David E. Schwartz and Risa M. Salins | May 31, 2018
In the wake of the #MeToo movement, employers operating in New York will be subject to sweeping new laws aimed at curtailing sexual harassment in the workplace.
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