By Adam Leitman Bailey and John M. Desiderio | August 8, 2017
In their Real Estate Contracts column, Adam Leitman Bailey and John M. Desiderio discuss when emails will be deemed a real estate contract and how to prevent or create such a binding contract.
By newyorklawjournal | New York Law Journal | July 20, 2017
Macy's, Employee Did Not Agree to Arbitrate; 'Election Form' Ambiguous, Misleading
By Samuel Estreicher and Holly H. Weiss | July 20, 2017
Arbitration columnists Samuel Estreicher and Holly H. Weiss review a recent Southern District decision where the court departed from a recent trend of enforcing "clickwrap" agreements by declining to enforce the arbitration provision contained within Lyft's "clickwrap" agreement but nonetheless compelling arbitration based on Lyft's subsequent "scrollwrap" agreement.
By Brian P. Heermance and Christopher P. Keenoy | July 10, 2017
Brian P. Heermance and Christopher P. Keenoy write: New York's Economic Loss Rule is purportedly a simple common law principle. However, its evolution and application have proven to be quite the opposite. A clear understanding of this rule is essential as it can significantly minimize exposure in many cases and in some instances result in the complete dismissal of a claim.
By newyorklawjournal | New York Law Journal | July 3, 2017
Court Approves Settlement Agreement, Prior And Current Legal Fees to Executor's AttorneysEstate of Coppola, 2013-374523/B
By Marshall Brozost | June 26, 2017
Marshall Brozost writes: Negotiations concerning the collapse of real estate joint ventures are among the most vexing, contentious and emotional—particularly in connection with the removal of the real estate operator from its role as the manager of the JV by the investor member(s) in the event of non-performance or "bad boy" acts. Though difficult, recent events and common sense militate for clear language in the JV agreement concerning the right of the investor member to remove the manager in such circumstances.
By Scott R. Kipnis, Nicholas B. Malito and Jennifer Haberman | June 26, 2017
Scott R. Kipnis, Nicholas B. Malito and Jennifer Haberman provide guidance to attorneys as to the suggested signage provisions to be included when negotiating a commercial lease in New York, and discuss the importance of ensuring that tenant's rights and landlord obligations pertaining to signage are expressly addressed in the lease.
By Kenneth M. Block and Joshua M. Levy | June 20, 2017
In their Construction Law column, Kenneth M. Block and Joshua M. Levy write: One of the more common questions asked in the construction contracting arena is whether an owner of a construction project can enforce the terms of a subcontract or its architect's consulting agreement with engineers directly against the subcontractor or engineers as a third-party beneficiary. The answer is "yes," but with some caveats.
By newyorklawjournal | New York Law Journal | June 15, 2017
Noncompliance With State Finance Law §137(3) Dismisses Claims Against Contractor, Surety
By newyorklawjournal | New York Law Journal | June 13, 2017
Individual Cannot Recover for Alleged Wrong To Corporation; Complaint's Dismissal Affirmed
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