Recent Publications - Commercial Litigation
December 1, 2023 |
The holiday season is one of the most magical times of year in New York, filled with excitement and festive decorations. It is also one of the busiest, from holiday gatherings with friends and family to decorating and checking off the holiday shopping list. For many, the days of holiday shopping in bustling stores haveRead More
July 17, 2023 | |
While demand for new housing in the United States is strong, the ability to meet this demand is hampered by lack of water resources. This is especially true in states experiencing population growth such as Florida and Texas. Any proposal to develop new residential housing must include water conservation measures to assure there will beRead More
June 29, 2023 |
Plaintiffs’ counsel rejoice, defense counsel take note, and businesses beware. Daimler has been diminished and businesses are no longer only subject to general jurisdiction in states in which they are incorporated or headquartered.
On Tuesday, the United States Supreme Court issued its opinion in Mallory and held that a business is subject to general jurisdictionRead More
June 2, 2023 |
In Sackett v. Environmental Protection Agency, decided at the end of May, the Supreme Court substantially reduced the reach of the Clean Water Act (CWA). The issue before the Court was how far the Environmental Protection Agency (EPA) could go in utilizing the CWA to regulate activities on land.
The CWA prohibits the discharge ofRead More
May 15, 2023 | |
Frank Izzo and Joseph Pidel wrote an article for Law360 on two recent court decisions that implicate the assumption of risk clause.
To read the article, click the link below.
Considerations for Assumption of Risk in NY Sports SuitsRead More
April 10, 2023 |
Only weeks ago, the Appellate Division, Second Department issued its McLaughlin decision reaffirming Brash – another Second Department decision which we wrote about on August 4, 2021. As we discussed in our blurb, Brash was significant. Therein, the Second Department held that Governor Cuomo’s Executive Orders during the COVID-19 pandemic “tolled,” rather than “suspended,” NewRead More
March 22, 2023 |
Think before you book your next business trip to the Empire State. Perhaps that important contract discussion with your counterpart can be accomplished remotely. Although you may miss out on Long Island’s Gatsbyesque mansions, that City “feeling,” or Upstate’s natural grandeur, staying put may just save yourself or your company from being on the wrongRead More
March 22, 2023 |
Municipal litigation counsel can continue to sleep soundly. Before the New Year, the New York Court of Appeals, once again, reaffirmed the “special duty” doctrine in Maldovan v. County of Erie.
As any first-year law student learns, the tort of negligence requires a showing that the defendant breached some “duty” owed to the plaintiff. However,Read More
December 14, 2022 |
The holiday season is one of the most magical times of year in New York. The crisp winter air is filled with excitement as residents transform their homes with festive decorations, bright lights and Christmas trees. Although Christmas trees and holiday decorations bring great joy and holiday cheer, it is important for Lloyd Harbor residentsRead More
November 21, 2022 |
Benjamin Wisher authored the article, “Contracting Around CPLR 202: “Accrual” Borrowing Statute in New York Practice and Why its Current Application is Unworkable,” for the Albany Law Review.
“Amongst New York’s legal practitioners, it is common knowledge that a claim for relief arising under the breach of a contract must be interposed within six years.Read More
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