NY Daily Record Since 1908

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 ...

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 ...

An Irrevocable Life Insurance Trust — ILIT for short — is a common estate planning tool, well known to attorneys and financial planners. Its sole purpose is to own and maintain a life insurance policy, keeping it out of the ...

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 ...

A little over a month ago, the United States Supreme Court heard oral argument in Fulton v. City of Philadelphia. Fulton challenges a decision by the city of Philadelphia to stop referring foster-care cases to a Catholic foster-care association because ...

Every once in a while, the Court of Appeals gifts the commercial litigator with an opinion that includes a useful discussion about the meaning and significance of a familiar and routinely used contract term. The most recent gift was the ...

It’s March 2020, and at first, I thought — we all thought — mediations will have to be put on hold until we can do them “in person.” However, it quickly became apparent that doing anything in person would involve ...

As a result of the pandemic, New York protected both commercial and residential tenants from eviction. Eviction proceedings have been paused and modified for nearly six months because of Executive Orders, legislation, and judicial Administrative Orders. This article summarizes the ...

Last month, in Our Lady of Guadalupe School v. Morissey-Berru,[1] the United States Supreme Court decided two Catholic schools were exempt from employment discrimination claims from teachers they had terminated. This decision was a follow-up to the 2012 Hosanna-Tabor decision, ...

As we reach the three-month anniversary of the COVID-19 Pause requirements in New York State, this is the time for employers to conduct an audit of their policies to ensure compliance with new requirements. These are the top five COVID-19 ...

During the early stages of the COVID-19 health crisis, certain construction work was deemed “essential” and was permitted to continue. The guidelines regarding what work was considered essential were not always crystal clear and resulted in a lot of confusion ...

The events of the last few weeks bring to mind the curse, “May you live in interesting times.” The outbreak of COVID-19, and the resulting government action — shuttering large segments of our economy — has resulted in every business ...