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Trends in Litigation, Part 3: Oral Contracts and Quasi-Contracts
Adrienne Koch's third in her a four-part series that examines how litigation can shape the evolution of best practices in the real estate industry. This article focuses on circumstances in which contractual or contract-like liability can arise even in the absence of a written contract, and the importance of a drafting approach to avoid surprises.Trends in Real Estate Litigation, Part 2: Good Guy Guaranties
In this second article in her four-part series examining how litigation can shape the evolution of best practices in the real estate industry, Adrienne Koch discusses a common feature of many commercial lease transactions: the so-called "good guy guaranty."Trends In Real Estate Litigation, Part 1: Statutes of Limitations
This four-part series will examine how litigation impacts various aspects of practice in the real estate industry. It will also explore how even well-informed parties (and their counsel) frequently trip up by not anticipating how New York's courts will apply the law in their situation. This first article in the series will discuss some of the hazards of statutes of limitations, which have an appearance of simplicity that can be deceptive.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.View more book results for the query "Katsky Korins LLP"
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.Attorneys 'On the Move': Litigation Member Joins Sills Cummis; Locke Lord Adds Bankruptcy Partner
And other announcements of recent hirings and promotions of New York attorneys.Remedies in Real Estate Transactions, Part 3: Notice of Pendency
A notice of pendency is a powerful tool. Parties to real estate transactions may be tempted to conclude that a notice of pendency will be available in most instances to protect their rights if things go awry. But while the CPLR's description of actions in which a notice of pendency is permitted sounds both clear-cut and extremely broad, in practice it is neither of those things.Remedies in Real Estate Transactions, Part 2: Specific Performance
Although most are familiar with the well-established axiom that real estate is a unique asset, it does not necessarily follow that specific performance is generally available for breach of an agreement that involves real estate. This article—the second in a four-part series on remedies in real estate transactions—will discuss why, and will suggest some ways parties can achieve more certainty in this regard.Trending Stories
Law Offices of Gary Martin Hays & Associates, P.C.
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