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March 13, 2018 | New York Law Journal

Recent Developments in Neighbor Litigation

In their Construction Law column, Kenneth M. Block and Joshua M. Levy write: Where a developer finds an uncooperative neighbor, recourse is available through Real Property Actions and Proceedings Law Section 881, pursuant to which the developer may obtain a license to enter the neighbor's property. Although 881 is silent as to the conditions for granting the license, a body of case law has developed providing guidance. This article discusses some of the more notable cases. Each case is fact specific and the foregoing discussion is intended only to provide guidance as to how a particular court would rule on a given issue.
6 minute read
November 07, 2017 | New York Law Journal

The Role of Owner's Representatives and Potential Liability

In their Construction Law column, Kenneth Block and Joshua Levy conclude that when representing a project owner, ensuring the agreement between the owner and the owner's representative contains both a properly delineated scope of authority and a comprehensive indemnity is "critical."
4 minute read
April 14, 2017 |

Abdus-Salaam's Death Is Loss for Commercial Bar, Lawyers Say

For someone who never practiced commercial law herself, Judge Shiela Abdus-Salaam showed unusual adeptness at handling business cases throughout her career on the bench and her death is a loss to the commercial bar in New York, practitioners said.
11 minute read
March 15, 2017 | Insurance Coverage Law Center

Recurring Issues with Contract Indemnities

Indemnity provisions of the contracts executed between a project owner and its contractors, architects and other professionals are critical elements in…
5 minute read
March 08, 2017 |

Recurring Issues With Contract Indemnities

In their Construction Law column, Kenneth M. Block and Joshua M. Levy discuss two common misconceptions with regard to construction contract indemnities.
8 minute read
February 03, 2017 |

Jacobs v. Tannenbaum Helpern Syracuse & Hirschritt

Age Not 'But-For' Cause, Religion Not Motive For Law Firm's Allegedly Discriminatory Acts
2 minute read
November 11, 2016 | Insurance Coverage Law Center

Ensuring Additional Insured Status in Construction Agreements

Owners of construction projects face a myriad of risks, including personal injury, physical damage to the project during and after construction, and damage…
8 minute read
November 08, 2016 |

Ensuring Additional Insured Status in Construction Agreements

In their Construction Law column, Kenneth M. Block and Joshua M. Levy discuss how the ruling in 'Gilbane Building v. St. Paul Insurance Co.' has heightened uncertainty among those who believe they are protected by their status as an additional insured under a policy, and advise that owners and their counsel should either review the language of the blanket additional insured endorsements carefully or require that any necessary entities be clearly named in specific additional insured endorsements.
16 minute read
August 09, 2016 |

New York Slow to Embrace the 'Design-Build' System

In their Construction Law Column, Kenneth M. Block and Joshua M. Levy state that the 'design-build' system attempts to eliminate the risks of the 'design-bid-build' system by the owner retaining a single entity that is responsible for providing both the design and construction of the project. They note, however, that New York lags behind other parts of the country in making use of design-build because of conflicting legal authority that has created an uncertain regulatory environment.
20 minute read
August 08, 2016 |

Malpractice Suit Narrowed Against Hunton & Williams

A Manhattan judge has allowed a former client's claim to go forward against Hunton & Williams over a deposition requirement in a retainer agreement, but dismissed the rest of the malpractice suit alleging millions of dollars in damages.
27 minute read

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