Blog
Read our latest articles, posts and insights.
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…
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…
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…
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…
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…
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…
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…
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…
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…