As a landlord, it is best practice to stay updated on current eviction procedures. This article outlines the general steps any residential landlord should take when evicting a tenant under two common circumstances: (1) when a tenant fails to pay ...
Read More »The enforceability of skilled nursing care agreements
The environment for long-term care for the elderly, and particularly skilled nursing care, is complex, often emotionally charged, and marked by financial burdens on all sides. Skilled nursing care is costly to provide and thus expensive, and nursing homes and ...
Read More »Comprehensive housing and zoning regulations set to sweep across New York | Environmental Law
In January, Gov. Kathy Hochul proposed the New York Housing Compact, which includes a series of proposals to address the purportedly low housing selection across New York. The New York Housing Compact aims to complement the Governor’s Housing Plan announced ...
Read More »Civil Litigation: The cost of convenience: Tips to avoid litigation when granting authority
To avoid the annoyance of troublesome processes and procedures, people and businesses sometimes choose to make decisions based on convenience. For some, convenience comes in the form of quick grants of authority to another for one-off business-related tasks. When authorization ...
Read More »Civil Litigation: Staying ready: An alternative approach to taking depositions
An attorney’s or client’s quick perusal of online practitioners’ guides will find that most of those who opine on best practices for depositions encourage a conversational approach to probe for information. This approach is half correct. I offer an alternative. ...
Read More »Civil Litigation: From law school to the real world: The ethics of client management
All lawyers are bound by the ethical rules of the jurisdiction in which they practice and practicing ethically is an integral part of what it means to be a good attorney. One thing I learned about ethics after law school ...
Read More »Civil Litigation: The Ever-So-Handy Handbook
By law, employers are required to provide employees with an ever-increasing amount of information, policies, notices, and acknowledgments throughout their employment. In New York these include but are not limited to a sexual harassment prevention policy, pay notices, airborne infectious ...
Read More »Civil Litigation: Privileged communications between an attorney and the client’s agent
Many people understand their communications with their lawyers concerning legal matters are protected from disclosure by the attorney-client privilege. However, they may not be aware that the privilege also protects communications by one serving as an agent of either the ...
Read More »Civil Litigation: Spoiler alert — The ins and outs of spoliation
In most commercial litigation in the New York courts, the parties and their lawyers spend much effort and expense in discovery. “Discovery” is the pretrial process of obtaining evidence from the opposing party that is or may be relevant to ...
Read More »Civil Litigation: Fourth Dept. weighs in on preserving investors’ interests against defense of tax estoppel
And I am, whatever you say I am. If I wasn’t, then why would I say I am? These words of one of the great American lyricists echoed the cold reality that confronted many investors who reasonably relied upon their ...
Read More »Civil Litigation: Are Zoom depositions making us all a little crazy?
The “new normal” of practicing law remotely has its challenges. Zoom depositions are one of them. Preparation is tedious. Computer screens notoriously freeze mid-sentence. And how about those lawyers who love using the limitations of virtual testimony to feed helpful ...
Read More »Insurance and Injury Corner: Liens and subrogation rights in personal injury cases
Subrogation is the principle by which an insurer, having paid losses of its insured, is placed in the position of its insured so that it may recover from the third party legally responsible for its loss. Lien rights are different ...
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