Columns

  • New York Law Journal

    Attorney Fees; Untimely Tax Assessment Challenge: This Week in Scott Mollen's Realty Law Digest

    By Scott Mollen | January 2, 2024

    Scott Mollen discusses "Stempeck v. Townhouse West 83rd," dealing with attorney fees, and "Coscia v. Town of Greenburgh," involving an untimely tax assessment challenge proceeding.

  • New York Law Journal | Analysis

    Prosecutorial Immunity and the Framework for Its Death

    By Alexander Klein | January 2, 2024

    This article proposes a solution to prosecutorial immunity for the civil rights plaintiffs' bar. It is a path that allows victims of prosecutorial misconduct to recover damages for malicious prosecutions while, at the same time, paying heed to the legitimate interest in allowing prosecutors to focus on their difficult jobs without being stymied by the fear of lawsuits.

  • New York Law Journal | Analysis

    Precedents and Stare Decisis

    By Thomas R. Newman and Steven J. Ahmuty Jr. | January 2, 2024

    This article adds to the authors' discussion from "Stare Decisis in Federal and State Courts", published to the New York Law Journal on Nov. 3, 2020, and covers the application of stare decisis in cases in New York courts.

  • New York Law Journal

    Ransomware: To Pay or Not To Pay

    By Paul Greene | January 2, 2024

    A discussion of the legal considerations surrounding ransomware payments.

  • New York Law Journal

    Acceleration (and Statute of Limitations): Stronger Than Death

    By Bruce J. Bergman | January 2, 2024

    "It is remarkable that nuances attendant to acceleration of a mortgage debt and the running of the statute of limitations continue to arise and surprise." The recent case discussed here confirms how often foreclosing parties lose on the statute of limitations issue, calling into question the need for the remedies of FAPA.

  • New York Law Journal | Analysis

    Time to Embrace AI: Client Counseling on AI Will Be Imperative

    By Mark A. Berman | December 29, 2023

    President Biden recently issued an executive order entitled "The Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" seeking to promote "safe, secure and trustworthy development and use of artificial intelligence." AI has been imbedded as part of businesses' operations for years, but only recently has it reached world-wide mainstream advocacy in both its most positive and negative forms.

  • New York Law Journal | Analysis

    Timeliness of Section 1983 Sexual Abuse of Minor Claims

    By Martin A. Schwartz | December 29, 2023

    In 2019, the New York Legislature enacted the Child Victim's Act, which revived claims of sexual abuse against a child who was less than 18 years old when the abuse occurred that were barred by the statute of limitations. The statute clearly applies to claims based on New York state law, but does the New York law also apply to §1983 claims?

  • New York Law Journal | Analysis

    Noncompliance with CPLR 2215: Is Denied Relief Appealable?

    By Elliott Scheinberg | December 29, 2023

    May a motion court grant relief to a cross movant who requested relief only in its opposition papers to a motion without having filed the formal notice of cross motion prescribed in CPLR 2215? If the motion court denies the sought relief, is that denial appealable as of right, by leave?

  • New York Law Journal | Analysis

    Recent Changes and Updates to New York Laws

    By David E. Schwartz and Emily D. Safko | December 28, 2023

    Heading into the new year, employers should be mindful of recent updates to New York state and city law. In the past few months, New York has enacted new laws, amended current laws and updated rules concerning social media, settlement agreements, captive audience meetings, wage payment, size bias, and safe and sick time.

  • New York Law Journal

    Lender Standing: Ending the Staple/Paperclip Divide

    By Justin J. Santolli, Shira Sandler and Freddy Levenson | December 28, 2023

    A discussion of "Broome Lender LLC v. Empire Broome LLC," a recent decision by the Appellate Division, First Department regarding the proof that a foreclosing lender needs to establish standing following an assignment of the loan.

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