Real Estate
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Real Estate - December 1, 2014
Court May Impose Penalties For Bad-Faith Negotiating At Settlement Conferences, But Not For Failing To Agree To Loan Modification
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Real Estate - December 1, 2014
Environmental Control Board Findings Estop Cooperative From Denying Failure To Maintain Premises, Court Holds
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Real Estate - November 1, 2014
Court Rejects Landlord’s Attempt To Refuse Consent To Restaurant Tenant Continuing Operation Of Sidewalk Café
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Real Estate - November 1, 2014
Appeals Court Sustains Board’s Contract And Fraud Claims Against Sponsor, But Rejects Claims Under Consumer Statute
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Real Estate - November 1, 2014
Title Company That Cured Title Defect Is Not Liable For Damages
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Real Estate - October 1, 2014
Board Of Managers Was Not Authorized To Reallocate Expenses Of Parking Repair Project, Court Rules
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Real Estate - October 1, 2014
New Law Exempts Condomininiums From Interstate Land Sales Act
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Real Estate - October 1, 2014
Court Excludes Tenant’s Medical Expert’s Testimony As Too Speculative, Undermining Claim For Service Dog As Accommodation
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Real Estate - September 1, 2014
Limited Success For Condominium Unit Purchaser Alleging That Sponsor Deliberately Delayed Construction And Closing
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Real Estate - September 1, 2014
Residential Use Restriction In Cooperative’s Proprietary Lease Held Unenforceable To Bar Operation Of A Day Care Center
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Real Estate - August 1, 2014
Foreclosure Action Dismissed For Bank’s Failure To Prove That Borrowers Received Required Notice
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Real Estate - August 1, 2014
Court Decision Addresses What Proof Cooperative Must Provide To Establish Claim For Unpaid Maintenance
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Real Estate - August 1, 2014
Board Of Managers’ Lawsuit Dismissed Because Board Failed To Vote To Authorize Commencing Litigation
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Real Estate - July 1, 2014
Court Upholds Ouster Of Cooperative Tenant-Shareholders For Objectionable Conduct
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Real Estate - July 1, 2014
Court Awards Summary Judgment To Plaintiff In Action Alleging Trespass By Encroachment
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Real Estate - June 1, 2014
Income Threshhold Increasing For Senior Citizen Rent Increase
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Real Estate - June 1, 2014
Martin Act Bars Claims Against Architect And Engineer For Fraud And Misrepresentation Based On Contents Of Offering Plan
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Real Estate - June 1, 2014
Court Grants Attorney General’s Application To Compel Condominium Sponsor To Call A Meeting And Adopt A Resolution
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Real Estate - May 1, 2014
Condominium Unit Purchaser Has No Negligence Claim For Faulty Construction; Contract Claim Is Exclusive Remedy
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Real Estate - May 1, 2014
Agreement Among Cooperative Shareholders Allows Shareholders To Change The Number Of Directors
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Real Estate - May 1, 2014
By-Law Provision That Holder Of Unsold Shares “Will Not Elect A Majority Of The Directors” Constrains Voting Rights
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Real Estate - April 1, 2014
Purchaser’s Unjustified Lawsuit To Terminate Purchase Agreement Constitutes Anticipatory Breach And Seller Retains Down Payment
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Real Estate - April 1, 2014
Court Requires Cooperative Board To Allow Tenant-Shareholders To Install Air-Conditioning System
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Real Estate - March 1, 2014
Court Denies Attorneys’ Fees To Both Parties In Case Where Underlying Dispute Had Been Settled
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Real Estate - March 1, 2014
Court’s View Of Underlying Case As Uncomplicated Results In Reduced Attorney Fee Award For Counsel
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Real Estate - March 1, 2014
Clause Authorizing Landlord To Recoup Legal Fees After Eviction and Re-Letting Triggers Reciprocal Fee Obligation Under Rpl 234
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Real Estate - February 1, 2014
Cooperatives And Landlords Must Be Cautious When Tenants Seek To Keep Service Dogs To Assist Them With Disabilities
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Real Estate - January 1, 2014
Condominium Properly Increased Common Charges To Cover Board Members’ Legal Expenses
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Real Estate - January 1, 2014
Mechanic’s Lien Is Not Valid Against Condominum Unit That Was Purchased Before The Lien Was Filed
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Real Estate - January 1, 2014
Cooperative’s Sublet Policy Allowing Only Some Shareholders To Sublet Held Invalid
Employment
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Employment - December 1, 2014
The EEOC’s FY 2014 Performance Report
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Employment - December 1, 2014
An Independent Contractor Agreement Does Not Guarantee That The Individual Is In Fact An Independent Contractor
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Employment - December 1, 2014
In An Equal Pay Act Case, Jobs With The Same Title Are Not Necessarily Comparable
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Employment - November 1, 2014
NLRB Sharpens Standards For Determining Independent Contractor Status
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Employment - November 1, 2014
Employer’s Opposition To Unemployment Benefits And “Frivolous” Counterclaims In Sexual Harassment Case May Constitute Unlawful Retaliation
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Employment - November 1, 2014
Employer Must Consider “Job Restructuring” In Providing Accommodation For Disabled Employees
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Employment - October 1, 2014
Restriction Of Job Responsibilities May Constitute “Adverse Employment Action” Even If Salary And Benefits Are Not Diminished
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Employment - October 1, 2014
Ruling On Misclassification Of Independent Contractors Focuses On “Right-To-Control” Test
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Employment - October 1, 2014
Courts Are Reluctant To Explore The Sincerity Of Employees’ Religious Beliefs
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Employment - September 1, 2014
Pregnant Employee Terminated Because Of Upcoming Lifting Restrictions Has A Viable Claim For “Anticipatory Discharge”
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Employment - September 1, 2014
NLRB General Counsel Approves Employer’s At-Will Policy
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Employment - September 1, 2014
Time To Rethink Sending Important Notices By U.S. Mail?
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Employment - August 1, 2014
NLRB Holds “No Access Except With Permission” Rule Unlawful
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Employment - August 1, 2014
New EEOC Guidance Expands Protection For Pregnant Employees
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Employment - August 1, 2014
Important Amendments To New York’s Wage Theft Prevention Act
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Employment - August 1, 2014
Open-Ended Medical Leave Is Not A “Reasonable Accommodation”
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Employment - July 1, 2014
Unemployment Benefits Denied To Nurse Who Posted Threatening Remarks About Patients On His Facebook Page
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Employment - July 1, 2014
NLRB Rules That An Employee’s Obscenity-Laced Verbal Attack On Company Owner Is Protected By Federal Labor Law
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Employment - July 1, 2014
Court Permits National Origin Disparate Impact Claim Based On Use Of False Social Security Numbers By Undocumented Aliens
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Employment - June 1, 2014
“Leering” And Gestures With Tongue Did Not Create A Hostile Work Environment
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Employment - June 1, 2014
Employer Held Liable For Third-Party Racial And Sexual Harassment
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Employment - June 1, 2014
Employer Must Prove That Physical Presence In The Workplace Is An Essential Job Function
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Employment - May 1, 2014
Chronically Depressed Employee’s Vacation Leave Request Does Not Qualify For FMLA Protection
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Employment - May 1, 2014
EEOC Sues On Behalf Of Employee Fired For Eating A Bag Of Chips To Stop A Hypoglycemia Attack
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Employment - May 1, 2014
Non-Union Employer’s Confidentiality Rule Held To Violate The National Labor Relations Act
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Employment - May 1, 2014
New York City Council Passes Legislation To Protect Interns From Discrimination
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Employment - April 1, 2014
Daughter’s Facebook Posting Breaches Dad’s Nondisclosure Agreement And Costs Him $80,000
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Employment - April 1, 2014
Employer Is Not Vicariously Liable; Court Finds That Poisoning A Co-Worker Was Outside The Scope Of Employment
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Employment - April 1, 2014
Informal Input On Personnel Decisions Does Not Satisfy Test For FLSA Executive Exemption
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Employment - March 1, 2014
New York’s Task Force On Worker Misclassification Reports 127,000 Workers Found Misclassified In 2013
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Employment - March 1, 2014
Attorney-Client Privilege Does Not Cover Communications With Outside Counsel Relating To Business Advice
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Employment - March 1, 2014
New EEOC Challenge To A Common Maximum Medical Leave Policy
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Employment - March 1, 2014
EEOC Files A Lawsuit Challenging Waiver Language Found In Most Severance Agreements
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Employment - February 1, 2014
EEOC Releases Fy 2013 Enforcement And Litigation Data
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Employment - February 1, 2014
New York City Human Rights Commission’s Procedures Held To Satisfy Due Process
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Employment - February 1, 2014
Court Dismisses A Non-Compete Case At The Pleading Stage and Seals The Record To Protect The Employer’s Trade Secrets
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Employment - February 1, 2014
Docking Employees’ Pay For Weather-Related Absences
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Employment - January 1, 2014
Changes in New York Unemployment Insurance Rules
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Employment - January 1, 2014
Former Employee’s Updated LinkedIn Page Did Not Violate Non-Compete Agreement; Another Employee’s E-Mail Blast Did
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Employment - January 1, 2014
Employee’s Crude, Offensive Attempt at Humor Was Not Protected Religious Expression