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Advocate’s View

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

Richard T. Bell, Jr.

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

Daniel Adams

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

av_sher

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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Advocate’s View: Foster care case may affect challenges to COVID restrictions

Jared K. Cook (Provided photo)

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 ...

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

Robert P. Yawman

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 ...

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U.S. Supreme Court strengthens church autonomy doctrine

Jared K. Cook (Provided photo)

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, ...

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Advocate’s View: Re-opening construction: The new normal (for now)

Richard T. Bell Jr.

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 ...

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Advocate’s View: The coronavirus and essential services

Daniel Adams

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 ...

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