Smith, Buss & Jacobs partner Jack Malley commences $2 million lawsuit against Doubletree Hotel for failure to pay banquet waiters minimum wage, overtime wages, tips and gratuities.
Court: Condo Association Has the Right to Amend Bylaws to Bar Smoking Within Individual Units.
Smith, Buss & Jacobs partners Ken Jacobs and Jack Malley have won a ground-breaking case concerning a cooperative apartment transfer through a decision issued by the New York Supreme County Judge Ellen Coin. In Estate of Helen Del Terzo, et al v. 33 Fifth Avenue Owners Corp., Index No. 154950/2012, the estate of a deceased [...]
The New York Law Journal By Jack Malley It is customary for parties who are negotiating a commercial real estate lease to set forth terms of a potential lease agreement in a non-binding letter of intent (LOI). However, when a broker or lawyer prepares an LOI that includes material terms, and fails to include specific [...]
New York Real Estate Law Reporter By Jack Malley A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is “structural” or “nonstructural.” In this article, we provide a framework for the practitioner to analyze [...]
THE 'YELLOWSTONE INJUNCTION' A Primer for utizing, defending the court order By Jack Malley The recession has caused decreased leasing activity in Westchester County’s commercial real estate market and landlords have responded by offering incentives and concessions to retain or attract tenants. But what happens when a tenant is allegedly in default of the lease [...]
Westchester County Business Journal By: Jack Malley A recent decision by the Appellate Division, second department, in Goldcrest Realty Co. v. 61 Bronx River Road Owners Inc. has made it clear that in Westchester attempts to terminate a residential tenant’s lease may be enjoined by the order known as a “Yellowstone Injunction” until a lawsuit [...]