Join Ken Jacobs & the CAI on March 28th for a Session in Hot Topics Affecting Cooperatives & Condominiums

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Categories: Cooperative & Condominium, News|

Ken Jacobs Presents a Lesson in Habitat U’s Latest Course

Dealing with a casualty: What do your bylaws require?

Categories: News|

Attorney’s fees, an offer for liquidated damages and the “prevailing party” under a commercial lease dispute

Lease agreements may contain an attorneys’ fee provision whereby the “prevailing party” is entitled to recover attorney’s fees. When owner and tenant settle their disputes before trial, that provision is waived or factored into the terms of settlement. Additionally, the civil rules allow a defendant to offer a liquidated amount as damages in the event plaintiff prevails on liability (i.e., all plaintiff has to do is prove liability). If plaintiff rejects the offer and recovers an amount less than what defendant offered, the defendant is entitled to recover attorney’s fees for the damages portion of trial. What happens if one party prevails at [...]

Categories: News, Newsletter|

Spotlight on Hon. Robert A. Spolzino

The Westchester County Bar Association features Hon. Robert A. Spolzino in it’s February Member Spotlight. […]

Categories: News|

Who Pays For Repairs?

A SMALL MANHATTAN co-op was struggling with a question: “Who’s responsible for replacing an air-conditioner sleeve? The sleeve was in place when the unit was sold by the sponsor to the current owner. The owner is happy to split the replacement cost with the board, but the board wants the owner to pay the entire amount.” […]

Categories: Cooperative & Condominium, News|

The Money Vanishes

And Queens co-ops and condos are suing one another to get it back. […]

Categories: Cooperative & Condominium, News|

NLRB Announces New Standard Governing Workplace Rules

On December 14, 2017, the NLRB reversed the portion of an Administrative Law Judge’s 2014 decision that barred The Boeing Company’s rule prohibiting the use of cell phones to capture images or take video on company grounds. [1] In doing so, the NLRB overruled the standard set forth in the 2004 Lutheran Heritage decision [2], namely that a workplace rule is unlawful even if it does not explicitly restrict activity protected by Section 7 of the NLRA ( i.e. , employees’ right to self-organize), if “employees would reasonably construe the language to prohibit Section 7 activity.” As noted in the Boeing decision, Lutheran Heritage had previously been applied [...]

Categories: Labor & Employment Law, News|

Spotlight on Jacob Amir

The Westchester County Bar Association features Jacob Amir in it’s November Member Spotlight. […]

Categories: News|

Board Recoups Legal Costs After Evicting Smoker

Some co-op and condo boards are penny wise pound foolish. And then there’s the board at an 80-unit co-op in Wheatley Heights, Long Island, which decided to spare no expense when it set out to evict a shareholder who repeatedly flouted the co-op’s smoking ban. It was a gamble that came with no guarantees and could have cost the co-op a bundle in legal fees. […]

Categories: Cooperative & Condominium, News|

Effective Anti-Harassment Policies Must Start At The Top Of The Organization

The continuing public exposure of sexual harassment by powerful executives and celebrities has shed light on the need for effective policies to prevent sexual harassment in the workplace. The EEOC Select Task Force on the Study of Harassment in the Workplace issued an extensive report in June 2016. Among the primary findings in the report is that sexual harassment in the workplace continues to be prevalent, and that current training programs have not been effective. The report outlines the components that effective harassment policies must contain and emphasizes three broad themes. First, committed leadership and accountability are critical. The workplace [...]

Categories: Labor & Employment Law, News|