Although most breach of contract and civil litigation cases fall under state law, there are times when federal law overrides or “preempts” such claims. This means that even if you can prove your case under New York state law, it will not matter, as a federal statute with different provisions

Many landlord-tenant disputes arise because of differing interpretations of the parties’ lease. Remember, a lease is a written contract, and like any contract, a court will look to its express terms in determining what the parties agreed to. This can prove especially important when one party claims there was a

Many people form partnerships to invest in other businesses. Such investment partnerships may include family and friends. While you may be tempted to rely on a handshake or familial goodwill in such circumstances, it is always advisable to get a partnership agreement in writing. Among other reasons, a written agreement

If you are taking out a mortgage to finance a real estate purchase, it is always a good idea to work with an attorney, in part to protect yourself against potentially predatory lending practices such as excessive fees or hidden payments that can cost you thousands of dollars. Many buyers

When acquiring a business through an asset purchase agreement, it is important to understand what specific obligations the buyer takes on from the seller. A well-drafted purchase agreement should identify the exact assets and liabilities transferred from the buyer to the seller. Any ambiguity in the agreement may lead to costly litigation even

When it comes to any type of business contract, it is always best to get it in writing. New York, like many states, has a Statute of Frauds, which specifies when agreements must be in writing to be enforceable in court. For example, a “contract to pay compensation for services rendered”

​In New York, the rules of the road require drivers to exercise ordinary care in operating their vehicles. A driver may be held liable for “ordinary negligence” if he or she fails to observe basic traffic rules. But these standards are not necessarily applicable to government-owned vehicles. A police car

Many New York homeowners are faced with two mortgages they can no longer afford to pay. In many cases, the amount they owe to the bank far exceeds the current market value of their homes. In order to avoid foreclosure, debtors frequently turn to the federal bankruptcy courts. But a

The American Society of Composers, Artists and Performers represents roughly half the musical composers and song publishers in the United States. Basically, individual artists assign their publishing rights to ASCAP, who in turn licenses the works to others businesses. Since the 1940s, ASCAP’s business practices have been subject to a

On Friday, April 3, animal rights activist Natalie Reeves had just exited the arraignment of Dorota Trec—a rabbit hoarder that Reeves helped bring to justice—when a stack of papers was thrown into her arms by a man with the words “You’ve been served!” Reading through the paperwork, Reeves found that