Bank sued homeowner for default of a mortgage. Defendant homeowner claimed that bank failed to deduct the monthly payments automatically as was agreed to between the parties. The court held that because homeowner attempted to make payments, and in fact made some of the payments manually, and that the mortgage…
To retain and attract customers, companies and business must be creative in marketing their products and services. An attractive and popular way to do that, is to sponsor games such as contests or sweepstakes. These are typically less expensive than other methods as costs are often shared by more than…
The plaintiff, a construction worker, fell and was hurt while working on defendant’s yacht. The plaintiff sued for his injuries. Under the labor law, one and two family dwellings are exempt from the rule that a property owner is liable for a worker’s injuries no matter the level of the…
Defendant, employee, worked as a manager for a residential building. During the course of an eviction, the building learned that its employee allowed a tenant to remain in his rent-stabilized despite his potential ineligibility, because the employee felt that the tenant had a legal right to do so. The building…
In the course of attacking his companion, defendant destroyed a fish tank and stepped on a goldfish killing it. Defendant claimed that the goldfish was not a companion animal and was therefore not subject to the criminal statute forbidding cruelty to animals. The relevant statute defines a companion animal as…
There has been a major change to the publication requirement of the LLC, PLLC and LLP laws. Presently, an entity must publish the fact of its creation, date of filing and/or formation, county where the entity is located, purpose, and address for service of process in two weekly newspapers, once…
Plaintiff sought to enjoin defendant, a past employee, from working for a competitor, alleging that the defendant was competing with plaintiff using trade secrets learned while working for plaintiff. Defendant claimed that he was coerced into signing the non-compete agreement, that the trade secrets were not really secrets and that…
Defendant, a photographer, took a photo of a Hasidic Jew walking on the streets of New York City, without permission. This photo was included in an advertised and well-publicized exhibit open to the public, and some of the publications and reviews of the exhibit included a copy of this photo.…
A will which directed that a trust be created at the donor’s death, released the trustee from losses resulting from the trustee’s failure to diversify the trust investments (which were heavily concentrated at the time the trust was created in the stock of one company). The trustee was, however, directed…
Director of a non-profit challenged his removal by the remaining board members because his removal was not voted upon at a special meeting called for the specific purpose of removal, as required by the non-profit’s governing rules. The Board claimed that because the removal was voted upon at a regular…