A single-word drafting error in a guaranty agreement nearly rendered a multimillion-dollar obligation meaningless and unenforceable – until the Appellate Division stepped in to correct it. One lender’s inattention to detail in its contract almost cost it millions.[1] A $135 million construction loan was in default, and the lender commenced a foreclosure action. Years of … Continued
When it comes to Medicare, not all states are created equal. New York stands out as one of the most consumer-friendly states, offering benefits that don’t exist elsewhere. New York is a “guaranteed issue” state, meaning it doesn’t require medical underwriting to enroll in a Medicare Supplement plan. This gives New York Medicare beneficiaries unparalleled … Continued
Twenty years ago, the March/April 2005 Burden of Proof column titled “Deposition Tips Your Parents Taught You” was published in the NYSBA Journal.[1] There have been many changes along the way, the most important likely being the promulgation of the Uniform Rules for the Conduct of Depositions,[2] and the most recent being the rules adopted … Continued
Congestion Pricing Arrives Congestion pricing is back in court, and this time the Metropolitan Transportation Authority is seeking to stave off a federal attempt to terminate the program.[1] Leading up to this moment, Judge Gordon in the District Court of New Jersey denied the majority of New Jersey’s National Environmental Policy Act claims seeking to … Continued
Honest Abe and Attorney Ethics Abraham Lincoln, often called America’s greatest president and introduced to schoolchildren as “Honest Abe,” started his career as a lawyer, a profession far from being renowned for honesty. In fact, honesty in the courtroom was a core tenet for Lincoln, who, over two decades, became known as one of the … Continued
Discussions of gambling in New York State nowadays focus on the seeming omnipresence of mobile sports gambling[1] and whether the rise in popularity of this new attraction will lead to an increase in gambling addiction. So far, the answer is mixed. Using 2023 statistics, New York State is far and away the leading state in … Continued
Good morning. Thank you, Chief Judge Wilson, for inviting me to speak today. I am honored to share Law Day with you, Judge Wilson, and all the distinguished guests gathered here today, including the judges of the Court of Appeals, Presiding Justices of the Appellate Division, Chief Administrative Judge Joseph Zayas, Attorney General Tish James, … Continued
In my time acting as outside general counsel to cooperative and condominium boards, I have become increasingly convinced that the job has been getting harder and harder. Admittedly, this feeling could be just a variation on the so-called Socratic paradox that the more I learn about the role, the more I realize what I do … Continued
As New York lawyers, there are few things that attract our attention more than big consequential legal issues, issues that need work and development for the benefit of our clients, our families and our society. Occasionally, such issues come along that have the potential to be transformative and urgently need attention. One such constellation of … Continued
Since the enactment of the Climate Leadership and Community Protection Act in 2019, New York has prioritized – and made strides toward – developing the once-nascent renewable energy industry into the backbone of the state’s electric grid. One cornerstone of New York’s clean energy strategy is offshore wind development. The new act directs the state … Continued