Blog

Read our latest blog posts and insights.

Erin Casey

June 14, 2021

Uniform Partition of Heirs Property Act in New York

by Erin Casey

Real estate litigators are probably aware of New York’s adoption of the Uniform Partition of Heirs Property Act (“UPHPA” or the “Act”) that became effective on December 6, 2019, and…

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Anthony Adams

May 11, 2021

Issues With Construction Contractors’ Warranties – Part 2

by Anthony Adams

A previous article cautions construction companies about “warranty” and “correction of work” provisions that may extend their warranty obligations well beyond the one- or two-year period that most contractors believe they’ve…

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Anthony Adams

April 20, 2021

Issues With Construction Contractors’ Warranty Obligations – Part 1

by Anthony Adams

Contractual warranty obligations can be an unexpected source of risk and expense for construction companies. The duration of typical warranties, the scope of many such warranties and the extent they…

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Dan Adams

April 15, 2021

Substantial Completion Bill Signed Into Law

by Daniel Adams

New York continues to provide legislation designed to speed up payment to contractors. Following on the heels of Prompt Pay Act, (albeit eleven years later) Governor Cuomo signed into law…

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Stacey Trien

April 1, 2021

Spring 2021 Update: Can Employers Mandate COVID-19 Vaccinations?

by Stacey Trien

Updated 4/1/2021 Now that vaccines have become more widely available, can employers require their employees to take COVID-19 vaccinations? Back in December 2020, I wrote a blog advising that it appeared that…

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Dan Adams

March 22, 2021

Notice of Default and Opportunity to Cure: Considerations and Limitations to Examine When a Contracting Party Fails to Uphold Its Part of the Contract

by Daniel Adams

The opportunity to cure is probably the most important consideration to make when faced with a contracting party whose performance has been unsatisfactory. The legal right to cure is a principle founded…

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Robert Yawman

March 11, 2021

The Gateway to Arbitration: Does a Court or an Arbitrator Decide Whether the Parties Have Agreed to Arbitrate a Particular Issue?

by Robert Yawman

Contracts commonly contain arbitration provisions requiring the parties to have a private arbitrator decide their dispute instead of the courts. But what happens if the parties do not agree that…

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Amy Demanchick

February 21, 2021

Litigation Hold Notice – How do I Locate and Preserve Electronically Stored Information (“ESI”) Relevant to a Legal Dispute?

by Amy Demanchick

You may receive a litigation hold notice if you or your company have documents related to a legal dispute that is or may become the subject of a lawsuit. A litigation…

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Erin Casey

January 26, 2021

Can an Insurance Company Recover Defense Costs from its Insured?

by Erin Casey

In 2018, the New York Court of Appeals issued a landmark insurance law decision in Keyspan Gas East Corp v. Munich Reins. Am., Inc., et al, 31 NY3d 51 (2018), holding that…

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