Category: Latest News

Court Reforms Guaranty To Correct Clerical Error and Save Lender Millions

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

My Testimony on the New York State Bar Exam

Domenick Napoletano, president of the New York State Bar Association, testified today in front of the Advisory Committee that is making recommendations to the Court of Appeals on how the state should test law school graduates on their knowledge of New York law. The NextGen exam is replacing the Uniform Bar Exam in New York … Continued

Why New York Is One of the Best States for Medicare Beneficiaries

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

NYSBA Commends Governor, Legislature for Tackling Mental Health Crisis but Decries Sweep of $120 Million From Indigent Legal Services

Domenick Napoletano, president of the New York State Bar Association, issued the following statement about this year’s final budget: “The New York State Bar Association is outraged by the sweep of $120 million for Indigent Legal Services to the State’s General Fund in this year’s final budget at a time when the ability of all … Continued

New York State Bar Association Mourns the Death of Retired U.S. Supreme Court Justice David Souter

Domenick Napoletano, president of the New York State Bar Association, issued the following statement about the death of retired U.S. Supreme Court Justice David Souter: “Justice Souter cared deeply about the U.S. Constitution and strongly supported adhering to precedent. Appointed by President George H.W. Bush, he was ideologically independent, and he valued standing up for … Continued

Burden of Proof: Deposition Tips Your Parents Taught You – 20 Years On

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