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Blog Posts in August, 2006

PREVAILING PARTY: AND THE WINNER IS...?

In V & J Inc. v. 2320 Rte. 112, LLC, a commercial tenant refused to pay rent claiming that its space had been rendered "unusable," (thus triggering a "constructive eviction"), and that it was not ...
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WHAT ARE YOU PACKING?

With the Labor Day holiday weekend fast approaching, many are wondering how the recently enhanced airport security procedures are impacting air travel. I am pleased to report that the process is not ...
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DON'T HURRY, BE HAPPY

If you are told to move quickly by a company's employee, and injuries are suffered as a result of complying with that directive, can you recover damages? In the absence of a legally recognized duty, ...
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JUDGE DEFROCKED FOR "SINGLE ERROR IN JUDGMENT"

With retirement only two years away, the Honorable Laura Blackburne was recently "defrocked" by the New York State Court of Appeals and removed from the bench as a Justice of the Supreme Court for a ...
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CITY NOT LIABLE FOR BROKEN TRAFFIC LIGHT?

You would think the City would accept responsibility for a broken traffic light, particularly when innocent people are injured or incur damage. Right?....Not! While driving through the Bensonhurst ...
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SUSAN HUDOCK: MODERN-DAY "DAVID"

In one of our earliest blog posts, we examined the challenges that face those who elect to proceed pro se --that is, litigants who choose to "fight the fight" without the benefit of professional ...
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ELECTRONICALLY EXERCISING OPTIONS

Can you utilize e-mail (or electronic mail) to exercise an option when an agreement provides for the delivery of "written notice" of the election? A recent Appellate Division case, Brainstorms ...
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IT'S "OWNERS' NIGHT" IN BROOKLYN!

"BROOKLYN IN THE HOUSE?" If you own residential property in Cobble Hill, Carroll Gardens, Columbia Street, Park Slope, Windsor Terrace, Kensington, and Boro Park in Brooklyn, the City of New York ...
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UTICA'S PARKING EXPOSED

Circumstances often change after parties enter into a contract and disputes arise as to what the participants originally intended by the agreement. In their quest to ensure that all are treated fairly ...
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IT'S ABOUT TIME ....

No one likes to move. The process of packing one's belongings and relocating one's self and family is often quite tedious and stressful, not to mention the damage to personal property that inevitably ...
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LAWYERS RATED "LEAST GERMY"

Lawyers, stand up and be proud! According to a report released by The Clorox Company--which just happens to be in the market of selling "disinfecting wipes"--lawyers are among the "least germy" ...
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TENANT SCREWED?

We have previously warned that performing alterations within one's commercial or residential space--without a landlord's written consent--is fraught with peril. Another appellate decision has ...
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SEXUAL-ASSAULT CASE REVERSED ON APPEAL

The law does not compensate for every injury or harm, even when the conduct in question is heinous or disturbing. A case which reinforces that point is Dennard v. Small World Center, Inc., wherein a ...
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RANDOM BAG CHECKS AT SUBWAY ENTRANCES ARE CONSTITUTIONAL

For the past year or so, when entering the New York City subway system, passengers have been asked to submit to a random, warrantless, and suspicionless bag search by police officers. Several riders ...
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HOW UNETHICAL IS THIS?

Lawyers are already governed by an overwhelming array of regulations and restrictions. By way of example, we've already got rules which dictate: how we should behave [see, e.g., DR1-102(A)(2) (lawyer ...
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WHAT'S THE DIFFERENCE BETWEEN "SHIFTING" AND "SETTLING?"

A property owner filed a claim with its insurance carrier after incurring some $183,000 in structural damage, triggered by construction, underpinning and shoring activities which had occurred on an ...
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RESTAURANT'S CONSENT FORM: NOT WELL DONE!

Just a few days ago, I met a client at relatively upscale-hotel restaurant for lunch. After being comfortably seated, the server proceeded to take our orders. My client gave the menu a quick glance ...
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TENANT ALLOWED TO CHALLENGE HPD'S DECISION IN HOUSING COURT

Once an administrative agency issues a determination, a party will usually have an opportunity to appeal that decision by way of an internal review process. Once those steps have been exhausted, if ...
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LAWYER DENIED SECURITY PASS TO COURTHOUSE?

A lawyer with a "lengthy criminal history" (preceding his admission to the New York Bar) was denied a photo identification card--a "Secure Pass"--which would have allowed him to bypass security ...
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CONDO MAY LIMIT LEASING AND SALES

Many purchasers prefer condominiums to cooperatives, because they believe condominiums afford owners greater flexibility to lease or sell their units. But that could not be farther from the truth. ...
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YOU CAN'T TAKE TITLE TO THIS!

We have received an unprecedented number of calls, letters and e-mails in response to our coverage of Walling v. Pryzbylo, a recent New York State Court of Appeals decision which addressed and ...
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HERE'S AN OREO THAT WILL BITE BACK!

According to the Centers for Disease Control and Prevention, National Center for Injury Prevention and Control, 4.7 million Americans are bitten by dogs each year. Of that number, 800,000 Americans ...
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CON ED: DID WE FORGET TO SAY, "THANK YOU?"

After nine days without power, New York City's residential customers impacted by the recent outage may file claims seeking to recover damages "for actual losses of food spoiled due to lack of ...
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