Hon. Sabrina B. Kraus Orders Seller to Return Purchaser’s Down Payment

The recent decision in Gonzalez v. Char & Herzberg, LLP, 2017 WL 1031941 (Bronx County Mar. 13, 2017) concerned a dispute that frequently arises after a deal blows up - whether or not the purchaser has the right to recover her down payment. The purchaser agreed to purchase a single-family home located in Bronx County and delivered a $20,000 down payment to the escrowee. The contract of sale included a mortgage commitment contingency, which conditioned the purchaser’s obligation to close on a lender’s commitment to issue a $495,000 loan for a term of at least 30 years within 45 days. [...]

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Appellate Division Kills Commercial Lease Guaranty Claim for Failure to Submit Original Agreement at Trial

In 76-82 St. Mark’s, LLC v. Gluck (Supreme Court, Kings County) a commercial tenant sought to recover damages for breach of a guaranty agreement. At trial, the landlord’s counsel attempted to enter into evidence a faxed copy of the agreement that was missing two lines on the second page. The trial judge denied admission of the copy and granted the tenant’s motion to dismiss the case on the ground that the landlord failed to meet its burden of proof. By a decision dated February 22, 2017, the Appellate Division, Second Department affirmed the trial court’s decision. Copies of documents are [...]

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3 Ways a Commercial Litigation Attorney Can Help Your Firm

When it comes to litigation, this area is growing by the day. This specialty of law is really beginning to drive not only revenue at law firms but their legal hiring as well. A survey by Robert Half Legal found that up to thirty percent of the hiring that legal departments and law firms do is in this area, filling crucial positions for commercial litigation. Hiring attorneys to do commercial litigation and specialized attorneys in general is a good choice for any law firm. With more and more competition popping up in specialty areas, they can hardly afford not to! [...]

Condos and Co-Ops: Taking on the Secondhand Issue?

When it comes to your housing, is prohibiting smoking in place? Many residential co-op and condo boards are finding that cigarette smoking regulations are a hot button issue. Whether they are able to impose bans on what residents are allowed to do in the privacy of their own home, and whether they should do so or pursue other ways to cut back on secondhand smoke affecting residents is another matter. In the case of Reinhard v. Connaught Tower Corp., a decision by the New York Supreme Court dealt with a situation that concerned this issue. The Connaught Tower Corp. was [...]

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Civil Litigation Cases 101

When it comes to civil litigation cases, are you up to date? A civil litigation is the result of two or more parties that are involved in a legal dispute and are seeking something other than criminal sanctions, such as money. In these types of cases, they must be tried in a courtroom and a judge or jury will weigh in on the matter and ultimately decide the result. Read on to find out more about these types of cases. Civil litigation cases are specialized in by civil litigation attorneys. A civil litigation attorney is also known as a trial [...]

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The Implications of Trump Administration in Wage and Hour Litigation: What You Need to Know

Michael Mauro will be participating in a live webcast regarding The Implications of Trump Administration in Wage and Hour Litigation on March 27, 2017 from 3 pm – 4 pm. […]

Categories: Labor & Employment Law|

All About Intellectual Property Law

When it comes to Intellectual Property Law, do you know your stuff? This is a law that outlines the rules when it comes to getting and enforcing the legal right to a variety of things such as art, design, inventions, and more. That's because laws protect personal property, real estate, and also intangible assets and their control. If you have questions about this law or just want to know more, consult an intellectual property attorney. They'll be able to tell you more about the subject and advise you on specific instances. However, if you want a quick crash course on [...]

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5 Real Estate Laws That Real Estate Owners Need to Know 

When it comes to commercial real estate law, there's a lot to take in. With so many laws that exist on the books for federal, state, and local laws, it can be pretty confusing. Commercial real estate laws can be so befuddling and complicated that at the end of the day, you really require a lawyer to help you sort through everything. The average person isn't going to know the ins and outs of the laws on real estate, and when it comes to real estate, when you've got money and time invested you really don't want to get it [...]

Board Business Through a Legal Lens

There are many problems that co-op and condo boards have to deal with that are messy, personal, and time consuming. These often involve quality of life or resident issues where the board is forced to take a stand - either against resident behavior or as a motivator for some type of change. Watch Ken Jacobs give a lesson on Sexual Harassment featured in the HabitatU course Board Business Through a Legal Lens.    

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Court of Appeals Upholds Contractual Limitation on Co-op Board’s Power to Deny Transfer Applications

In most instances, decisions of a cooperative board are reviewed by courts under the business judgment rule. The business judgment rule provides that a court should defer to a cooperative board’s determination so long as the board acts for the purposes of the cooperative, within the scope of its authority and in good faith. But where a provision of a proprietary lease provides that the cooperative board’s consent “shall not be unreasonably withheld,” the board cannot justify its refusal to provide consent simply by arguing that it exercised “business judgment” in reaching its determination. Rather, the board must specify its [...]

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