In late December 2013, new laws were put in place addressing non-profits. While we do not have a significant non-profit practice, we are often asked about issues relating to non-profits. To that end, here is a link to a more robust discussion of the Nonprofit Revitalization Act of 2013.
New York Business Litigation Lawyer Blog
Another Reason Not to Accept Every LinkedIn Invite
LinkedIn sues to stop bots that are stealing its user profiles.
Failure to Verify Details of Disputed Credit Report Undermines Experian’s Claims
Plaintiff Keisha James notified Experian that two items on her credit report were incorrect and were reported on her report as a result of identity theft. When Experian notified the companies that listed the debts of her dispute, those companies were only able to verify some of the information as…
Offering Plan for Condominium Building Deemed Contract with Unit Buyers
Plaintiff alleged that the sponsor of a condominium development breached the offering plan by converting the units to rentals from sales, and that the developer was therefore able to maintain control of the buildings board of directors. Plaintiff, Bauer, alleged that she purchased multiple condominium units in a building newly…
Substituted Service of Process on Co-Defendant Ruled Insufficient
The plaintiff was a home health aide for Gilberto Rivas in Rivas’s apartment, where she claims to have been injured by a defective window. The plaintiff sued the apartment’s owner and Rivas. The plaintiff served the owner of the apartment by substituted service upon Rivas. Neither defendant responded and plaintiff…
Court Applies Pre-Suit Notice for Non-Foreclosure Action Based on Mortgage Note
A lender has two options in seeking repayment on a defaulted home loan. A lender has the option of commencing a foreclosure action, auctioning the property, and applying the sale proceeds against the loan amount due. Or, a lender can sue based on the promissory note underlying the loan and…
Insurance Policy Applies Even With Wrong Party Named
A deli rented space from 137 Broadway Associates, located at 3379 Broadway. Prior to renting that space, the deli rented from Cromwell Associates, located at 3381 Broadway. The deli had purchased an insurance policy, which included the landlord as an additional insured. Mistakenly, although the deli was now renting from…
Email Agreement Creates Enforceable Settlement
Plaintiff, John T. Forcelli, sued for injuries incurred in an auto accident. While motions to dismiss were pending, the parties mediated the claim. Although one of the defendant’s insurance carriers discussed settlement, no agreement was reached. Shortly thereafter, settlement discussions were revived by email exchange. The carrier’s representative offered $200,000,…
Carrier Compelled to Cover Loss on Empty House
After closing on their house, plaintiffs Douglas and Joanna Dean found extensive termite damage. At that time, a home owner’s policy was in place. The Deans spent the next year or so renovating the house. Their insurance policy renewed in March 2006. As the renovations were being completed, a fire…
The Facts Behind the Infamous McDonald’s Coffee Spill Verdict
I was sent a link to a New York Times video explaining the facts behind this national story. It was news to me, and very interesting.