David Menken Speaks on Identity Theft

David Menken lectured on Identity Theft, Social Engineering and Privacy Law to a group sponsored by the Westchester County Bar Association and the Financial Planning Association of the Greater Hudson Valley. David's presentation focused on the steps necessary for individuals and companies to minimize risks of identity theft by implementing "best practices" privacy and data security policies.

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NY Times Real Estate Q & A

Cracks in a New Condo Unit Q I recently bought a condominium in a new building directly from the developer. In the year since my purchase, the apartment has developed leaks and cracks in the ceiling. Now cracks are appearing in the walls. What recourse, if any, do I have? A Kenneth Jacobs, a real estate lawyer with offices in Yonkers and Manhattan, said the reader should review the offering plan. “If the condominium contains five or fewer floors,” he said, “the owner may have recourse under the state’s Housing Merchant Implied Warranty Law.”

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Buss & Smith: Super Lawyers

The firm is pleased to announce that Jeffrey D. Buss and Thomas W. Smith, were selected as Super Lawyers for the Metro New York Area. Congratulations!

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David Menken Joins Smith Buss & Jacobs

David Menken has joined Smith Buss & Jacobs, LLP, as "of counsel," effective January 1, 2013. David counsels clients in a variety of corporate law, intellectual property and information technology areas.  David represents individuals and businesses in a full range of corporate and commercial matters. He negotiates business transactions, including corporate control agreements, mergers and acquisitions, and business development agreements. He also provides legal assistance regarding, among other things, information technology licensing and protection, trade secret protection, software development and data security issues. David has also achieved certification as an Information Privacy Professional, with a specialty in US privacy laws and policies, [...]

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Jennifer L. Stewart featured in Habitat Magazine

You no longer have the right to live in a no-dog building. People with allergies, people afraid of dogs, people who don’t like dog waste and urine on the sidewalk or loud barking, or even people who’d simply rather live without dogs – sorry, but your rights and preferences are meaningless. Anyone who wants a dog in your building can have one whether you like it or not.

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Smith, Buss & Jacobs, LLP represents Co-op City in $621.5M refinance

Governor Cuomo, Mayor Bloomberg, HUD Secretary Donovan and Wells Fargo announce closing on $621.5 Million deal to renovate and preserve Co-Op City in the Bronx. State's largest Mitchell-Lama development, home to 55,000 residents, will remain affordable for 35 more years.

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Bronx’s Co-op City refinanced for $621M

Co-op City, a 15,000-unit affordable housing community in the Bronx, has secured a massive refinancing which will allow it to continue to remain affordable for many years to come.

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Keep Detailed Records

By Kenneth R. Jacobs, Partner Smith, Buss & Jacobs for Habitat Magazine A 40-year-old cooperative had a 10 percent sublease fee in place for over 30 years. One new shareholder, now subleasing to a high-paying tenant, challenged the propriety of the sublease fee in court. Among other things, he claimed that the cooperative could impose a fee of that size only through an amendment to the proprietary lease, but that the lease had never been amended.

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First Department Overrules Decision on Claims Against Condo/Co-op Directors

The First Department’s recent decision (the “Decision”) in Fletcher v. The Dakota, Inc., et al., 2012 WL 2532149, overrules a prior decision that set forth an overly onerous pleading standard for discrimination claims against cooperative directors and condominium board members. Although Fletcher addresses other claims, in this article we focus on the portion of the opinion that addresses the legal standards for making claims of discrimination against individual cooperative directors, and provides guidance to attorneys alleging or defending such claims going forward.

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Home Away From Home

Can an apartment be your primary residence, even if you haven’t lived there for two years? That’s the question Patricia Ingao, a board vice president at a Brooklyn co-op, is asking in this episode. Her board is grappling with a complicated and touchy situation involving an elderly rent-stabilized tenant in a nursing home, the son who’s been paying her rent, and the the tax break the co-op has been receiving in exchange for keeping her rent low. Unfortunately, according to our attorney panel, case law on these matters is anything but clear cut. The panel covers the intersecting questions of [...]

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