Monthly Archives: October 2016

Appellate Division Reinforces The Risks Of Filing A Defective Notice Of Pendency

Under CPLR § 6501, a party to an action may file a notice of pendency if the judgment she demands “would affect the title to, or the possession, use or enjoyment of, real property.” The filing of the notice constitutes constructive notice to future purchasers and lenders who are “bound by all proceedings taken [...]

October 13th, 2016|Newsletter|

Propose a “No Smoking” Amendment

Secondhand smoke has been deemed by the courts to create an automatic nuisance. Many co-op and condo boards have already passed regulations barring smoking within the common areas of the building (such as lobby and hallways). However, boards continue to have a hard time dealing with complaints about smoke escaping from individual units into hallways [...]

October 6th, 2016|News|

SBJ And Jack Malley Obtain Impactful Decision In Hot Franchisor Liability Area

In Ocampo, et al v. 455 Hospitality LLC , Doubletree Franchise LLC, et al, SBJ represents approximately 100 plaintiffs who are current or former employees of a Doubletree franchise hotel located in Tarrytown, New York who allege that the franchisee and Doubletree Franchise LLC, the Doubletree franchisor entity, failed to pay plaintiffs minimum wage, overtime [...]

October 5th, 2016|News|

Do You Need a Social Media Policy?

David Menken Interviewed in Habitat Magazine on a Coop's Need for a Social Media Policy.

October 4th, 2016|News|

Navigating the Transition to Independent Owner Control

Ken Jacobs contributes to Community Association Institute article regarding transitioning condominiums from developer control to independent owner control.

October 3rd, 2016|News|

David Menken Speaks To Fire Commissioners On Legal Implication of Fire Department Use of Social Media

David Menken spoke to the Westchester County Association of Fire Districts on August 26, 2015 on legal issues involving fire department use of social media.  His presentation focused on two areas, (1) First Amendment issues and the ability of departments to regulate members' use of social media when it impacts the department, and (2) compliance [...]

October 1st, 2016|News|