What to Do When You Need a Lawyer as an Employer 

Employment law is always changing. Unfortunately, that means that you’re going to have a harder time trying to understand laws on your own. Governments and courts constantly interpret the laws in different ways, so even when you think you have a good grasp of the law there is usually a precedent that has been set that makes everything more difficult. When you start to understand that even a weak case that is made strongly can result in damages awards and potentially bankrupt you, you see why taking legal action and hiring good defensive help is so necessary. While you don’t [...]

The Yellowstone Injunction, a Practical Application

Many commercial landlords and tenants are readily familiar with the term “Yellowstone injunction,” which enjoins a landlord’s termination of the subject lease until a lawsuit commenced by the tenant determines the merits of the alleged default. To obtain a Yellowstone injunction, a tenant must demonstrate that: (1) it holds a lease, (2) the landlord served a notice to cure, (3) the tenant sought the Yellowstone injunction prior to the expiration of the cure period, and (4) the tenant has the ability and desire to cure the alleged default. New York courts are inclined to grant Yellowstone injunction applications to avoid [...]

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Commercial Landlord Can Waive “No-Waiver” Clause In Lease

Commercial leases typically contain a “no-waiver” clause that provides, among other things, that no payment by the tenant of less than the full monthly rent shall constitute a waiver of the right of the landlord to collect the full rent amount, and that the receipt by the landlord of rent with knowledge of the tenant’s breach of any covenant within the lease shall not be deemed a waiver of such breach. However, landlords should be aware that the rights that are set forth in such “no-waiver” clauses can be waived. TSS-Seedman’s Inc. v. Elota Realty Company, 72 N.Y.2d 1024, 1027, [...]

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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 in the action after [the] filing to the same extent as a party.”  Pursuant to CPLR § 6514(b), a court may grant a motion cancelling a notice of pendency upon the application of an aggrieved defendant who demonstrates that the plaintiff did not commence or [...]

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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 or infiltrating into other apartments.

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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 pay, gratuities and tips in violation of federal and state law. The franchisor moved to dismiss the claims against it. By a decision dated September 14, 2016, the Hon. Kenneth Karas, of the Southern District of New York, denied the franchisor's motion to dismiss the [...]

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Do You Need a Social Media Policy?

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

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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.

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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 with good government laws such as the Freedom of Information Act and the Open Meetings Law.  David advises volunteer fire departments and ambulance corps on social media, privacy and security issues and can be contacted at

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Unveiling The Changes to Federal Overtime Exemption Rules

Michael Mauro will be participating in a live webcast regarding The Changes to Federal Overtime Exemption on May 25, 2016 from 3 pm - 5 pm.

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