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Advocate’s View

Advocate’s View: Living with the Construction Wage Theft Law

It’s now the law in New York. Construction contractors may be sued, for up to three years, for the unpaid wages and benefits of their subcontractors’ employees, including liquidated damages and attorney fees. That includes subcontractors of any tier, and ...

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Advocate’s View: New York judges provide important trial tools

Thanks to the work of several judges, New York lawyers and litigants can access free online resources that are invaluable for trying cases. The Guide to New York Evidence (nycourts.gov/judges/evidence) collects and interprets the state’s evidentiary rules in a convenient ...

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Advocate’s View: Pre-action discovery in New York does not create path for removal to federal court

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 ...

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Advocate’s View: Updated status of evictions in New York State

Last September, The Daily Record published my Advocate’s View article entitled “Navigating the Status of Evictions in New York State.” There have been several changes over the past year. Just last month, the Supreme Court issued a decision enjoining part ...

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Advocate’s View: The shifting rules on virtual meetings in (post) pandemic times

Since Gov. Andrew Cuomo’s announcement in June of “New York Forward” — a lifting of many COVID-19 pandemic-related restrictions — much has changed. The Delta variant and sluggish vaccination rates, as well as the lack of vaccines available for children ...

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Advocate’s View: 4th Department provides clarity on avoiding civil liability under Lien Law by restoring diverted trust funds

Codified in 1959, Article 3-a of the Lien Law (Lien Law §§70-79a) provides very stringent trust provisions related to certain funds on construction projects. For those not familiar with its terms, project “owners” are required to hold in trust all ...

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Advocate’s View: Substantial Completion bill signed into law

New York continues to provide legislation designed to speed up payment to contractors. Following on the heels of Prompt Pay Act, (albeit 11 years later) Gov. Andrew Cuomo signed into law the “Substantial Completion” act on Dec. 19, 2020. Various ...

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Advocate’s View: Navigating new e-filing rules in the Appellate Division

As attorneys gain familiarity with the Appellate Division’s new rules, they should be aware of certain key e-filing provisions to ensure the clerk will accept their papers and they will not miss their opponents’ filings. This article addresses common e-filing ...

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