New York Law Journal | Analysis
By Peter Brown | October 10, 2023
The rapid expansion of business and consumer applications that utilize artificial intelligence is a new challenge for counsel drafting or negotiating previously routine agreements for computer services. This article highlights some novel issues counsel must address when encountering systems that utilize AI.
By Scott Mollen | October 10, 2023
Scott Mollen discusses "Hansen Family Invs., LLC v. Rabadi," involving a dispute arising from a failed sale of a condominium apartment, and "COD LLC v. Ljuljdjuraj," where the court held that a fired building superintendent had tenancy rights under his lease.
New York Law Journal | Expert Opinion
By Gary M. Rosenberg, Michael A. Pensabene and Ethan R. Cohen | October 3, 2023
In this discussion of contractual rights, Gary M. Rosenberg, Michael A. Pensabene and Ethan R. Cohen discuss '301 East 60th Street LLC v. Competitive Solutions,' a "guidepost to parties engaged in any contractual dispute where specific performance might be sought as a remedy."
By Emily Saul | September 19, 2023
The complaint alleges that Giuliani executed an agreement with his longtime friend Costello in 2019, agreeing to a retainer of just over $1.5 million. He has so far paid just $214,000, according to the complaint.
New York Law Journal | Analysis
By Curtis B. Leitner | September 19, 2023
In his March 2023 column, Curtis Leitner discussed how the trial court in 'Cresco' bucked the principle that damages from a breach of a preliminary "agreement to agree" are limited to out-of-pocket costs—however, the First Department reversed this decision in June. This column addresses that reversal.
By Kevin G. Faley and Andrea M. Alonso | September 14, 2023
The Espinal doctrine is a useful tool for defendants to limit their liability to third parties. Here, Kevin Faley and Andrea Alonso discuss cases that demonstrate the Espinal exceptions and how the courts interpret this doctrine.
New York Law Journal | Expert Opinion
By Bryan T. Mohler and Meghan E. Hill | September 5, 2023
A discussion of issues that hospitality industry stakeholders need to consider as governments increasingly turn to hotels as a source of temporary housing.
By Emily Saul | August 22, 2023
A broker alleges the corporation failed to pay him after he facilitated their acquisition of properties worth billions. But the development company called the charges "fabricated."
By Scott Mollen | August 22, 2023
Scott Mollen discusses "301 E. 60th St. LLC v. Competitive Solutions LLC," where the issue was whether a contract pertaining to the sale of inclusionary air rights can be subject to specific performance, and "Dahl v. Prince Holdings 2012 LLC," where the landlord was granted use and occupancy.
By Thomas J. Hall and Judith A. Archer | August 17, 2023
This article addresses the divergent approaches to analyzing best efforts clauses and the efforts by the Commercial Division courts to advance a consistent approach.
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