New York Law Journal | Analysis
By John Lyddane | March 21, 2024
It is a broadly accepted principle of damages under New York tort law that no recovery should be allowed for losses in which the person injured could have prevented by reasonable effort. A review of the reported decisions on point reveals that issues of mitigation of damages are often litigated in architectural and legal malpractice cases, but less so in medical malpractice cases.
New York Law Journal | Analysis
By Arthur J. Ciampi and Maria L. Ciampi | March 21, 2024
In their Law Firm Partnership Law column, Arthur Ciampi and Maria Ciampi ring some warning bells regarding potentially harmful law firm partnership agreement provisions in the hope of keeping our readers out of harm's way.
New York Law Journal | Analysis
By Kathryn L. Barcroft | March 20, 2024
While Title VII and state and local human rights laws endow many women with the opportunity to challenge adverse actions based on sex discrimination, affording power to victims and bystanders requires increasingly holding all accountable to rumors, thereby challenging women and men alike to undermine the sexual double standard and advance equity within the workplace.
New York Law Journal | Analysis
By John Coffee | March 20, 2024
Few principles of law are as universally respected by U.S. courts as the "internal affairs rule." All state jurisdictions at least formally subscribe to this rule, and the Supreme Court has hinted it may be constitutionally required. Nonetheless, the New York Court of Appeals has agreed to hear a case asking the court to replace the traditional rule with an "interest-balancing" test.
New York Law Journal | Analysis
By Jeremy H. Temkin | March 20, 2024
Lawyers involved in planning cross-border transactions and those litigating subsequent disputes need to be cognizant of what privileges apply in all relevant jurisdictions and take steps to ensure that communications will be protected in each jurisdiction.
New York Law Journal | Commentary
By Joseph W. Bellacosa | March 19, 2024
Retired Court of Appeals Judge Joseph W. Bellacosa salutes Presiding Justice Marcus G. Christ of the Appellate Division, Second Department, the most formative mentor of his career.
By Scott Mollen | March 19, 2024
Scott Mollen discusses "Amtrak v. 78,441 Square Feet More or Less of Land & Improvements," "BEC Continuum Owner LLC v. Foster," and "Wells Fargo Bank, N.A. v. 24 W. 57 APF."
New York Law Journal | Expert Opinion
By Jeffrey B. Steiner, Scott A. Weinberg and Joel C. Haims | March 19, 2024
Mortgage lenders have many things to worry about when a loan goes into default and they seek to enforce their remedies, whether by foreclosing a mortgage or suing on various guarantees. One thing which may not cross their minds, but can cause a delay in enforcement, is whether or not their lending entity is required to be authorized to do business in the State of New York.
New York Law Journal | Commentary|Expert Opinion
By Irwin S. Izen | March 19, 2024
Irwin Izen shares his thoughts on an amendment to Article 14 of the NYS Real Property Law, also known as the Property Condition Disclosure Act, which takes effect on March 20.
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | March 19, 2024
The Court of Appeals recently clarified that insurance policies providing coverage for "direct physical loss or damage" to an insured's premises do not apply to business interruption losses sustained as a result of COVID-19 absent some actual, material alteration to those premises or a complete and persistent dispossession from the premises.
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