Client Advisories: 2014

Real Estate

• 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
• Real Estate - December 1, 2014
  Environmental Control Board Findings Estop Cooperative From Denying Failure To Maintain Premises, Court Holds
• Real Estate - November 1, 2014
  Court Rejects Landlord’s Attempt To Refuse Consent To Restaurant Tenant Continuing Operation Of Sidewalk Café
• Real Estate - November 1, 2014
  Appeals Court Sustains Board’s Contract And Fraud Claims Against Sponsor, But Rejects Claims Under Consumer Statute
• Real Estate - November 1, 2014
  Title Company That Cured Title Defect Is Not Liable For Damages
• Real Estate - October 1, 2014
  Board Of Managers Was Not Authorized To Reallocate Expenses Of Parking Repair Project, Court Rules
• Real Estate - October 1, 2014
  New Law Exempts Condomininiums From Interstate Land Sales Act
• Real Estate - October 1, 2014
  Court Excludes Tenant’s Medical Expert’s Testimony As Too Speculative, Undermining Claim For Service Dog As Accommodation
• Real Estate - September 1, 2014
  Limited Success For Condominium Unit Purchaser Alleging That Sponsor Deliberately Delayed Construction And Closing
• Real Estate - September 1, 2014
  Residential Use Restriction In Cooperative’s Proprietary Lease Held Unenforceable To Bar Operation Of A Day Care Center
• Real Estate - August 1, 2014
  Foreclosure Action Dismissed For Bank’s Failure To Prove That Borrowers Received Required Notice
• Real Estate - August 1, 2014
  Court Decision Addresses What Proof Cooperative Must Provide To Establish Claim For Unpaid Maintenance
• Real Estate - August 1, 2014
  Board Of Managers’ Lawsuit Dismissed Because Board Failed To Vote To Authorize Commencing Litigation
• Real Estate - July 1, 2014
  Court Upholds Ouster Of Cooperative Tenant-Shareholders For Objectionable Conduct
• Real Estate - July 1, 2014
  Court Awards Summary Judgment To Plaintiff In Action Alleging Trespass By Encroachment
• Real Estate - June 1, 2014
  Income Threshhold Increasing For Senior Citizen Rent Increase
• Real Estate - June 1, 2014
  Martin Act Bars Claims Against Architect And Engineer For Fraud And Misrepresentation Based On Contents Of Offering Plan
• Real Estate - June 1, 2014
  Court Grants Attorney General’s Application To Compel Condominium Sponsor To Call A Meeting And Adopt A Resolution
• Real Estate - May 1, 2014
  Condominium Unit Purchaser Has No Negligence Claim For Faulty Construction; Contract Claim Is Exclusive Remedy
• Real Estate - May 1, 2014
  Agreement Among Cooperative Shareholders Allows Shareholders To Change The Number Of Directors
• Real Estate - May 1, 2014
  By-Law Provision That Holder Of Unsold Shares “Will Not Elect A Majority Of The Directors” Constrains Voting Rights
• Real Estate - April 1, 2014
  Purchaser’s Unjustified Lawsuit To Terminate Purchase Agreement Constitutes Anticipatory Breach And Seller Retains Down Payment
• Real Estate - April 1, 2014
  Court Requires Cooperative Board To Allow Tenant-Shareholders To Install Air-Conditioning System
• Real Estate - March 1, 2014
  Court Denies Attorneys’ Fees To Both Parties In Case Where Underlying Dispute Had Been Settled
• Real Estate - March 1, 2014
  Court’s View Of Underlying Case As Uncomplicated Results In Reduced Attorney Fee Award For Counsel
• Real Estate - March 1, 2014
  Clause Authorizing Landlord To Recoup Legal Fees After Eviction and Re-Letting Triggers Reciprocal Fee Obligation Under Rpl 234
• Real Estate - February 1, 2014
  Cooperatives And Landlords Must Be Cautious When Tenants Seek To Keep Service Dogs To Assist Them With Disabilities
• Real Estate - January 1, 2014
  Condominium Properly Increased Common Charges To Cover Board Members’ Legal Expenses
• Real Estate - January 1, 2014
  Mechanic’s Lien Is Not Valid Against Condominum Unit That Was Purchased Before The Lien Was Filed
• Real Estate - January 1, 2014
  Cooperative’s Sublet Policy Allowing Only Some Shareholders To Sublet Held Invalid

Employment

• Employment - December 1, 2014
  The EEOC’s FY 2014 Performance Report
• Employment - December 1, 2014
  An Independent Contractor Agreement Does Not Guarantee That The Individual Is In Fact An Independent Contractor
• Employment - December 1, 2014
  In An Equal Pay Act Case, Jobs With The Same Title Are Not Necessarily Comparable
• Employment - November 1, 2014
  NLRB Sharpens Standards For Determining Independent Contractor Status
• Employment - November 1, 2014
  Employer’s Opposition To Unemployment Benefits And “Frivolous” Counterclaims In Sexual Harassment Case May Constitute Unlawful Retaliation
• Employment - November 1, 2014
  Employer Must Consider “Job Restructuring” In Providing Accommodation For Disabled Employees
• Employment - October 1, 2014
  Restriction Of Job Responsibilities May Constitute “Adverse Employment Action” Even If Salary And Benefits Are Not Diminished
• Employment - October 1, 2014
  Ruling On Misclassification Of Independent Contractors Focuses On “Right-To-Control” Test
• Employment - October 1, 2014
  Courts Are Reluctant To Explore The Sincerity Of Employees’ Religious Beliefs
• Employment - September 1, 2014
  Pregnant Employee Terminated Because Of Upcoming Lifting Restrictions Has A Viable Claim For “Anticipatory Discharge”
• Employment - September 1, 2014
  NLRB General Counsel Approves Employer’s At-Will Policy
• Employment - September 1, 2014
  Time To Rethink Sending Important Notices By U.S. Mail?
• Employment - August 1, 2014
  NLRB Holds “No Access Except With Permission” Rule Unlawful
• Employment - August 1, 2014
  New EEOC Guidance Expands Protection For Pregnant Employees
• Employment - August 1, 2014
  Important Amendments To New York’s Wage Theft Prevention Act
• Employment - August 1, 2014
  Open-Ended Medical Leave Is Not A “Reasonable Accommodation”
• Employment - July 1, 2014
  Unemployment Benefits Denied To Nurse Who Posted Threatening Remarks About Patients On His Facebook Page
• Employment - July 1, 2014
  NLRB Rules That An Employee’s Obscenity-Laced Verbal Attack On Company Owner Is Protected By Federal Labor Law
• Employment - July 1, 2014
  Court Permits National Origin Disparate Impact Claim Based On Use Of False Social Security Numbers By Undocumented Aliens
• Employment - June 1, 2014
  “Leering” And Gestures With Tongue Did Not Create A Hostile Work Environment
• Employment - June 1, 2014
  Employer Held Liable For Third-Party Racial And Sexual Harassment
• Employment - June 1, 2014
  Employer Must Prove That Physical Presence In The Workplace Is An Essential Job Function
• Employment - May 1, 2014
  Chronically Depressed Employee’s Vacation Leave Request Does Not Qualify For FMLA Protection
• Employment - May 1, 2014
  EEOC Sues On Behalf Of Employee Fired For Eating A Bag Of Chips To Stop A Hypoglycemia Attack
• Employment - May 1, 2014
  Non-Union Employer’s Confidentiality Rule Held To Violate The National Labor Relations Act
• Employment - May 1, 2014
  New York City Council Passes Legislation To Protect Interns From Discrimination
• Employment - April 1, 2014
  Daughter’s Facebook Posting Breaches Dad’s Nondisclosure Agreement And Costs Him $80,000
• Employment - April 1, 2014
  Employer Is Not Vicariously Liable; Court Finds That Poisoning A Co-Worker Was Outside The Scope Of Employment
• Employment - April 1, 2014
  Informal Input On Personnel Decisions Does Not Satisfy Test For FLSA Executive Exemption
• Employment - March 1, 2014
  New York’s Task Force On Worker Misclassification Reports 127,000 Workers Found Misclassified In 2013
• Employment - March 1, 2014
  Attorney-Client Privilege Does Not Cover Communications With Outside Counsel Relating To Business Advice
• Employment - March 1, 2014
  New EEOC Challenge To A Common Maximum Medical Leave Policy
• Employment - March 1, 2014
  EEOC Files A Lawsuit Challenging Waiver Language Found In Most Severance Agreements
• Employment - February 1, 2014
  EEOC Releases Fy 2013 Enforcement And Litigation Data
• Employment - February 1, 2014
  New York City Human Rights Commission’s Procedures Held To Satisfy Due Process
• 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
• Employment - February 1, 2014
  Docking Employees’ Pay For Weather-Related Absences
• Employment - January 1, 2014
  Changes in New York Unemployment Insurance Rules
• Employment - January 1, 2014
  Former Employee’s Updated LinkedIn Page Did Not Violate Non-Compete Agreement; Another Employee’s E-Mail Blast Did
• Employment - January 1, 2014
  Employee’s Crude, Offensive Attempt at Humor Was Not Protected Religious Expression