Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Expert Opinion
By Scott E. Mollen | August 27, 2019
In his Realty Law Digest, Scott E. Mollen discusses 'St. Christopher's Inc. v. Forgione,' where the court granted seller's motion to dismiss purchaser's counterclaims for, inter alia, breach of contract, fraud in the inducement, and implied covenant of good faith and fair dealing.
New York Law Journal | Analysis
By Abby Tolchinsky and Ellie Wertheim | August 27, 2019
In their Mediation column, Abby Tolchinsky and Ellie Wertheim write: "For several years, on an ad-hoc basis, Alternative Dispute Resolution programs have been in place in various courts throughout New York State. While all of these, and others, represent a wide-ranging definition of ADR and will certainly continue to shape settlements across the legal spectrum, we now find ourselves at a new moment."
New York Law Journal | Expert Opinion
By Ezra Dyckman and Charles S. Nelson | August 27, 2019
There are a number of approaches for owners of rental real estate to monetize low-basis real estate while maintaining tax deferral. One method that can achieve these objectives is a long-term lease with a large initial payment of rent. Section 467 of the Internal Revenue Code generally governs the income tax treatment of leases with prepaid rent. In their Taxation column, Ezra Dyckman and Charles Nelson discuss the pros and cons of Section 467.
New York Law Journal | Analysis
By Alan D. Scheinkman | August 27, 2019
The first part of this article traced the history of appellate panel size in light of the prospect, announced in March 2019, that the Appellate Division, First Department, would sit in panels of four justices, rather than the customary five. From that history, some conclusions can be drawn, which are discussed here.
New York Law Journal | Analysis
By Alan D. Scheinkman | August 26, 2019
"When I was asked to address the topic of panel numerosity, I jumped at the chance."
New York Law Journal | Analysis
By Michael Rikon | August 26, 2019
In his Condemnation and Tax Certiorari column, Michael Rikon discusses partial acquisitions in condemnation cases and writes: "Within the area of consequential damages, we must explore, not only the loss in value suffered by the remaining property, but the possible benefits to that remainder which are the result of the improvement for which the part taken was acquired. To further complicate things, the question arises, do we consider special benefits to the remainder as distinguished from general benefits?
New York Law Journal | Analysis
By Peter A. Crusco | August 26, 2019
In his Cyber Crime column, Peter A. Crusco addresses the latest metamorphoses of the bogus UCC-1 notice of lien filing scam, its impact on the courts and remedies in New York.
New York Law Journal | Analysis
By Robin Cohen and Lauren Varnado | August 23, 2019
While coverage ultimately turns on the specific facts and allegations, the policy language, and applicable state law, policyholders should be aware of key considerations and best practices to maximize coverage in sexual abuse cases.
New York Law Journal | Analysis
By Joseph D. Nohavicka | August 23, 2019
In New York litigation practice it has been long understood that, unless against public policy, parties to a civil dispute are free to chart their own litigation course, and they may agree on a way which a controversy will be resolved. Parties have been permitted to stipulate away statutory, and even constitutional rights. However, the U.S. Court of Appeals for the Second Circuit took umbrage recently with the procedural path chosen by the district court and approved of by litigants in 'Palin v. New York Times Co'.
By Conrad Teitell | August 23, 2019
Estate Planning and Philanthropy columnist Conrad Teitell writes: Now is the time for lawyers to tell their clients about direct IRA transfers from IRAs by individuals 70½ or older. IRA administrators generally can't make the direct transfers to the designated charities at the eleventh hour.
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