Victims of accidents in New York are entitled to sue and recover damages for injuries they sustained because of someone else’s bad behavior. Once liability is established, usually by proving negligence, victims are entitled to compensatory damages they can prove in court for both the economic and noneconomic harms they have suffered. However, in some […]
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The Effect of the Changes New York’s Child Victims Act Brings to the Table
In January of this year, the New York Legislature adopted the Child Victims Act, simplifying and streamlining the process for individuals who were molested or sexually accused as children many years ago to seek by civil and criminal sanctions against the people who abused them. The Child Victims Act made many important changes in the […]
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How Should a Retail Store Enter a Lease with a New York Condominium?
In recent years, cities like New York have been at the center of a growing trend where stores enter leases with residential and office condominiums to operate on the ground floor of their buildings and cater to both tenants and the public alike. However, when entering these agreements, careful attention must be paid to the […]
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Can My Employer Enforce a Non-compete Agreement in New York City?
What Should I Include in a Non-Compete Agreement for Employees in New York City? New York City is a concrete jungle, and competition in the city is fierce. There are multiple vendors for almost every good and providers for almost every service imaginable within a few blocks of one another, so it is no surprise […]
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Must a New York Party to an Arbitration Agreement Always Agree to and Pay Costs?
When entering business or employment relationships, parties are often presented arbitration agreements – either boilerplate form or customized to the nature of the relationship – for review and signature. These agreements consign the signing party to arbitration of any disputes that may arise between them and the party presenting the agreement. Also, they often set […]
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What Are the Steps of the Pre-Foreclosure and Foreclosure Process in New York?
When unexpected financial difficulties arise, New York homeowners often struggle to keep up with a major expense in their lives – their mortgage payment. Many options are available to aid homeowners in making their payments or, if this option is no longer feasible, appropriately disposing of their property in a manner that recoups as much […]
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What Happens If You Die Without a Will in New York?
When someone in New York dies without creating a will, protocols and laws exist that dictate what happens to their assets. Under the doctrine of intestate succession, a decedent’s assets that would have ordinarily passed through a will are then given to their closest living relatives. Scope of Assets Affected by Intestate Succession Usually, intestate […]
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Does A New York Defendant Have to Pay for their Court-Ordered Monitoring System?
Sometimes in a criminal case, a court will craft alternative orders that require defendants to submit to electronic monitoring as an alternative to incarceration or a term of probation. This is often the case with defendants facing New York DWI and drug charges. These monitoring systems are not free and courts may order defendants to […]
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When Does Imitation Go Too Far?
New York City is known for many things – the Statue of Liberty, the Empire State Building, and Chinatown’s infamous designer knockoffs on Canal Street. Imitation is often considered the sincerest form of flattery, but when does it cross the line into copyright infringement and incur liability? Copyright infringement is a serious violation of a […]
Read MoreWhat Happens When A Plaintiff Breaches Their Fiduciary Duty and Cannot Pay?
A fiduciary duty is a requirement for a party to act in a way that furthers the best interest of another party – even to their exclusion of their own personal benefit. In business, certain relationships create heightened duties for at least one party involved. Commonly, duties exist between many types of: professionals and their […]
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