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New York State closes loophole in retainage law | Advocate’s View
In 2023 Governor Hochul signed into law an amendment to Section 756-c of the New York General Business Law, a section of New York’s Prompt Payment Act, capping the amount of retainage at 5% that may be withheld on a private construction contract of $150,000 or more.
From the jobsite to the shop floor: New York’s expansion of prevailing wage coverage | Advocate’s View
Commentary: For contractors, subcontractors, and fabricators that have long relied on off‑site manufacturing to manage labor costs, scheduling, and staffing, the amendment represents a fundamental shift in risk allocation and project pricing.
Avoiding the ethical pitfalls of generative AI in the practice of law
The legal profession is seeing the latest technological shift happen now, as artificial intelligence – specifically generative artificial intelligence – is slowly integrated into the profession.
Does the Hernandez Technology decision alter the landscape for restrictive covenant enforcement in New York?
The Fourth Department of New York’s Appellate Division recently issued a decision that included a ruling on the enforceability of restrictive covenants in employment agreements, as one of several issues addressed on appeal.
QTIP trusts and tax apportionment clauses in wills
With the prevalence of blended families, a common concern among spouses is providing for a surviving spouse while still protecting the children from a prior marriage. One solution to this […]
‘Pay-if-paid’ clauses are generally unenforceable | Advocate’s View
Contracts, by their nature, often involve shifting risk from one party to another. Most of the time, provisions that shift risk are legal and bargained for as part of an agreement.
Fourth Department deviates from First Department on application of Loophole Act
The New York Labor Law (NYLL) grants employees the power to pursue unpaid wage claims against their employers.
Is the New York correction officer strike “illegal and unlawful”?
Currently, New York prison guards are on strike. Corrections officers at 25 of New York’s 42 prisons have not shown up for shifts. Governor Hochul has referred to the strike as “illegal and unlawful,” and indicated she is looking into legal recourse.
Ongoing or future payment obligations may survive guaranty expiration clauses | Advocate’s View
Expiration clauses in a guaranty are used to limit liability the guarantor can incur.
Analyzing who is the prevailing party | Advocate’s View
For lawyers, a frequent question from their clients is: “Can I get my attorney’s fees?”
New York State increases potential liability of commercial landlords based on illegal activities of tenants
Longstanding New York law prohibits the use of leased premises for illegal purposes. As discussed below, the habitual use of a leased premises for an illegal trade voids a lease, and a landlord is permitted to initiate eviction proceedings to address such use.
Bringing timely claims for breaches of sales and service contracts
Practitioners bringing claims for breach of contract must overcome the initial hurdle of a timely claim.
Case Digests
- Fourth Department – Circumstantial evidence charge: People v. Coleman
- Second Circuit – Sentencing conditions: United States v. McCrone
- Fourth Department – Mental illness: People v. Williams
- Fourth Department – Sex Offender Registration Act: People v. Wallace
- Second Circuit – Failure to accommodate religion: Bergin v. N.Y. Unified Court System
- Second Circuit – Sentencing: United States v. DeJesus
- Fourth Department – Ineffective assistance of counsel: People v. Castaneda
- Fourth Department – Search warrant: People v. Anderson
- Fourth Department – Probable cause: People v. Asbury
- Fourth Department – Sex Offender Registration Act: People v. Berry
- Fourth Department – Grandparent custody: Barrett v. Gaines
Law News
- NY appeals court vacates gun convictions
- Rochester panel highlights early planning for successful business transitions
- New York sues Kalshi, says its prediction markets are illegal gambling
- Police investigate alleged misappropriation of Walworth Fire Department funds
- New trial granted for defendant unhappy with their attorney
- NY appellate court reinstates medical malpractice case
- NY appeals court reinstates slip-and-fall lawsuit
- Charter Communications must pay penalty for retaliation against employee