NY Daily Record Since 1908

The Fourth Department Appellate Division addressed an issue that arose in an adoption matter in the Onondaga Family Court.  In Re Tony S.H., Jr. [CAF 20-00300].  The question before the Appellate Court involved Social Services Law §383-c, relating to “guardianship ...

In most commercial litigation in the New York courts, the parties and their lawyers spend much effort and expense in discovery. “Discovery” is the pretrial process of obtaining evidence from the opposing party that is or may be relevant to ...

Domestic strife research into the long-term consequences of a child’s exposure to household traumas may herald a new wave of advocacy for both matrimonial and defense attorneys in New York. This new developing research on the long-term impact of adverse ...

In a past Advocate’s View article, I wrote about efforts to obtain pre-action discovery pursuant to CPLR 3201(c). To recap, pre-action discovery is available to aid in bringing an action or arbitration as well as to preserve information, but only ...

The pandemic and its effects have dramatically affected the legal industry and will undoubtedly continue to have a long-term impact on how legal work is conducted in the years to come. For lawyers, it hasn’t always been easy navigating the ...

“From Striving Alone to Thriving Together.” This is the title of NYSBA’s recent report on attorney well-being. I think that’s what the MCBA and other bar associations are really all about — connection with others that look out for us ...

The Copyright Alternative in Small-Claims Enforcement Act of 2020 (the CASE Act) included a direction from Congress to create the Copyright Claims Board (the “CCB”), a three-member panel giving an option to resolve copyright disputes involving less than $30,000. The ...

When a contractor’s alleged negligence injures a third party who sues the owner, the owner may be able to sue the contractor for common law or contractual indemnification. And in many cases, depending on the contract, the owner may also ...

We’re well into the second year of the pandemic and as the disruptions continue, remote work is becoming commonplace in the legal profession. Every week of uncertainty leads to the increased acceptance of working from locations outside of law offices. ...

I was welcomed to the world of Homeowner’s Associations (“HOAs”) as a young associate in the early 1980s, when I was assigned the task of establishing an HOA for a local townhouse development. At the time, HOAs were just starting ...

Lawyers tend to limit their practice to a few areas. Nonetheless, people come to us with myriad problems — many of which fall outside our expertise. Through this column, we provide practical information to help you assist those who have ...

On Oct. 6, the Biden administration announced additional steps to roll back regulatory reforms instituted by the Trump administration. The Council on Environmental Quality (CEQ) announced that it plans to restore three central provisions of National Environmental Policy Act (NEPA) ...