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The Devil Is in the Details: Contractual Modification of Fiduciary Duties
The written word in a contract will almost always trump oral representations—especially where the contract includes language which merges any prior representation giving the document the last word on the parties' rights and obligations. However, cases continue to appear before the bench. In one such recent case, Stephanie Clegg v. Sotheby's, the plaintiff learned a hard lesson.
Second Department Honors Trailblazing Members of New York's AAPI Community
Former Presiding Justice Randall Eng said that there are now 65 members of New York's AAPI community now on the bench in federal and state courts. He noted, though, that the community is currently not represented on the New York Court of Appeals.
No Need To Wait To Tap Private Judges Under CPLR
There is no reason for practitioners and their clients to wait for the legislature to act. The mechanism of hiring a private judge is already fully available.
A Continued Lack of 'Grace' in Legal Malpractice
Very unexpectedly, the author's 2014 expectation of a spike in the use of 'Grace' did not materialize by 2018 nor by 2021 and shows no sign that it will ever materialize.
The Use of Private Judges: New World, New Wave?
The New York judicial system provides a legal method for parties who have legal disputes to hire a "private judge" to resolve their dispute while affording all the remedies and protections that the formal court system offers. This article explains the legal authority and benefits.
Law Journal Press | Digital Book
Negotiating and Drafting Contract Boilerplate
Authors: Tina L. Stark
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De Blasio Taps Kletter, Former Labor Attorney, as City's Top Administrative Judge
As OATH commissioner and city's top administrative judge, Kletter will oversee a central and independent court that adjudicates summonses issued by 25 different city enforcement agencies for alleged violations of law or city rules.
The RPAPL §881 License: Gaining Access to a Neighbor's Property
Should access to a neighboring property become necessary for purposes of construction, the law provides a mechanism by which such access may be compelled. As the case law emphasizes, the goal under such circumstances is to narrowly tailor the access to the necessity so as to minimize the burden on the neighboring property.
Cuomo Appointees to Judicial Pay Commission Oppose Salary Increases for State Judges
"I am deeply concerned at this moment, with the $6.1 billion budget deficit, to be talking about raises for anyone, frankly," former top Cuomo aide Jim Malatras said.
Your Arbitration Provider Has Vanished. Now What?
It would behoove the parties that enter into contracts that include an arbitration clause to provide an alternative to their favored ADR entity.
Practice Tips From a Former Presiding Justice
"The experience of working with exceptional judicial colleagues and attorneys at the court have given me some insights which I hope will be useful to appellate practitioners and litigants."TRENDING STORIES
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