Gregory Miglino, Sr., passed out at a gym one morning. While 911 was summoned, a gym employee that had been trained on an automated external defibrillator (“AED”) went to assist Miglino. For some reason, perhaps because a doctor and medical student were on the scene, the employee did not attempt…
In Hogan v. Kelly, the Second Department decided that the 2008 changes to the Real Property and Procedure Law affecting adverse possession claims are not to be applied retroactively so that compliance with the old laws prior to 2008 will give rise to a claim for adverse possession. In this…
Queens co-op owner installed an air conditioner in his unit, for use by his parents who resided there. The Co-op Board demanded that the air conditioner be removed as it extended through the wall of the building, in violation of the unit’s lease. In response to the Board’s threat to…
With the proliferation of websites that aggregate news and promise instant information, it is to be expected that one site or service will end up stepping on the toes of another. Investment advice in today’s fast-moving markets is the setting for the most recent dustup. Before discussing the particulars of…
The owner of a parked 2000 Ford GT, described as “a rare collector’s sports car rapidly appreciating in value” sued a drunk driver that wrecked it. The trial judge refused to allow an award based on the depreciation of the car, some $50,000, only the actual damage incurred in its…
An appeals court recently reversed a New York County judge who dismissed a lawsuit brought by a landlord, claiming that its tenants were maliciously harassing it to prevent the landlord from collecting rent and managing the property. In Chelsea 18 Partners, L.P. v. Sheck Yee Mak, the landlord of a…
The Court of Appeals recently determined that defamatory postings to a blog do not create liability for the blog or its host. Ardor Realty Corp., headed by Christakis Shiamili, and the Real Estate Group of New York, Inc. (“REG”), controlled by Daniel Baum and Ryan McCann, competed in selling and…
Apparently you can, but a Kings County judge won’t allow you to sue someone for it. In a recent case, the plaintiff sued after being fired from her position as a hospital psychiatrist, with the termination reported to the New York State Office of Professional Medical Conduct, New York State’s…
For someone to buy a life insurance policy on the life of another person, that purchaser must have an “insurable interest” in the insured. That insurable interest is a reason that the purchaser wants the insured to live. This requirement makes sure that the buyer is not betting (or hoping?)…
Some time ago, our newsletter article (see below) discussed some of the fine lines of allowable commercial competition. That issue was recently front and center before the Court of Appeals after the Federal courts could not make a decision. In Bessemer Trust Co., N.A. v. Branin, Branin was sued by…