Transaction Avoidance Statutes Experienced finance attorneys are aware that a loan guaranty given by a sister company of the borrower (a “cross-stream guaranty”) or by a subsidiary of the borrower (an “upstream guaranty”), in which the guarantor has no ownership interest in the borrower, differs from a traditional guaranty given by a borrower’s owner or … Continued
In New York City, no matter what type of work you’re performing on your property, construction work almost always requires protection of adjacent properties, which necessarily involves access to such adjacent properties. While access to adjacent properties is typically worked out in license agreements between the party performing the construction work and their neighbor, what … Continued
Although cooperatives and condominiums have been colorfully described as “quasi-government[s] . . . little democratic sub societ[ies] of necessity,”1 their most basic function can be described in much more prosaic terms: make sure the building does not fall apart. There is obviously a vital, and incredibly complex, social function that co-ops and condos play in providing homes and communities … Continued
A new case1 reminds that the doctrine of law of the case is often of meaningful service to foreclosing lenders. As a general proposition, if an issue has previously been determined between the parties (and, of course, here we are thinking between lender and borrower), there may be preclusion as to its being argued anew. To the … Continued
This edition of DEC Dispatch highlights the culmination of years of work by the New York State Department of Environmental Conservation (NYSDEC) to issue an updated State Pollutant Discharge Elimination System (SPDES) general permit for discharges from municipal separate storm sewer systems (MS4).1 Federal and state litigation, changes in applicable federal regulations, and significant stakeholder input all played … Continued
In this issue we publish a letter sent by the Environmental Law Committee of the New York City Bar Association in May 2024 to Governor Kathy Hochul and New York City Mayor Eric Adams, as well as the New York State and New York City Parks Commissioners, to urge the State and City to revisit their … Continued
On March 5, 2024, European Union’s climate monitoring organization, Copernicus Climate Change Service issued its finding that the world experienced the warmest February on record. It was 1.77C above the average February temperature in the preindustrial era from 1850-1900. It was also the ninth consecutive month of record temperatures. Taken together, the past 12 months … Continued
For the past four years, the New York State Bar Association’s Trial Lawyers Section, spearheaded by the Diversity and Inclusion Committee, has presented the Justice Ruth Bader Ginsburg Vanguard Award and CLE program. The program was created by Committee Co-Chair Angélicque M. Moreno to honor the great Supreme Court Justice Ruth Bader Ginsburg and to … Continued
Introduction Lin-Manuel Miranda’s song, “The Room Where It Happens,” in the musical Hamilton, is an unforgettable showstopper. The legendary tune stars the play’s antagonist, Aaron Burr, who was an American Revolutionary and then aspiring New York politician. When he learns that he was a political outsider to a June of 1790 secret dinner meeting attended by his … Continued
Plaintiff’s Trial Attorney: Schreier & Wachsman, LLP Plaintiff’s Appellate Attorney: Hasapidis Law Offices On May 23, 2024, the Appellate Division, First Department, changed the law for women in New York. Previously, the law did not recognize a claim for emotional distress for women who delivered babies that were born alive but died due to medical malpractice. … Continued