NY Daily Record Since 1908

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 ...

Effective Dec. 15, 2021, the Commercial Division permanently adopted Rule 37 allowing remote depositions upon consent of all parties or upon motion to the court showing good cause. The rule is accompanied by Appendix G, a proposed stipulated remote deposition ...

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 ...

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 ...

As the pandemic continues to challenge and change the way we work across all industries, many of us are growing increasingly impatient with the wait for “normal.” Will we ever get back to normal in the court system? What will ...

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 ...

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 ...

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 ...