Thank you, Rich, for that very kind introduction. As you might surmise, the court on which I sit has a long and well-deserved reputation for collegiality. In fact, one of the great joys of serving on the Court of Appeals for these 18 years has been the opportunity it affords to work with colleagues and … Continued
While remote depositions offer the promise of reduced costs and time savings, they also pose new perils. Attorneys now face the potential of witness coaching and incivility in a new context, one that is far less visible yet even more threatening to the truth-finding process. As one court put it, “we now operate in an … Continued
The Good Cause Eviction Law (GCEL), enacted under Article 6-A of the New York Real Property Law (§§ 210–231-c), marks a significant shift in New York’s landlord-tenant laws. Effective April 20, 2024, the GCEL introduces broad protections for tenants by restricting evictions and capping rent increases in unregulated rental units within New York City and … Continued
Whether by pleading or contractual provisions, New York practitioners face the risk of surrendering a client’s right to a jury trial with unsettling ease. This article exposes these procedural snares by first introducing the statutory mechanism found in CPLR 4101 that is central to jury waiver by pleading and explores how merely asserting equitable or … Continued
Damages are an essential component of any legal claim, but they are often an afterthought. Counsel for plaintiffs and defendants alike can save themselves time, fees, and heartache by familiarizing themselves with the fundamental principles of damages in commercial cases under New York law. I. Damages in Contract Cases When it comes to money damages … Continued
Dear Colleagues, First, I want to acknowledge our newsletter editor, Mark Davies, who has “retired” from the task of publishing the ComFed newsletter after 40 years. Mark served behind the scenes through technological revolutions, changing legal landscapes, and evolving professional practices, seamlessly producing our newsletter. Mark has now stepped down to pursue other interests, and … Continued
Under § 104 of the Internal Revenue Code, compensatory damages for personal physical injuries or physical sickness are free of tax. For generations, “personal injuries” were enough for an exclusion, but since 1996, the injury must be “physical.” Lawyers and clients in serious physical injury and wrongful death cases are used to counting on the … Continued
Sometimes we’re faced with collecting from a person or entity who can pay if they want to, but has set up their structure in a way so that they are often successful in not paying when they don’t want to. Under such circumstances, it can be helpful to concentrate on what I like to call … Continued
Introduction The ongoing tension between privacy and government enforcement continues to grow. With rising global instability, federal governments have increased efforts against international threats. These efforts have taken many forms, from tightening national border security to considering a nationwide ban on TikTok. An ongoing controversy that has gained the fear of the corporate world is … Continued
A traditional mediation model for commercial disputes including monetary aspects contemplates that the plaintiff will make an express opening demand, the defendant will counter with a hard offer, and the mediator will then facilitate a negotiation in which the spread gradually closes over ensuing rounds and hopefully produces an ultimate resolution. As one mediator expressed, … Continued