Many business agreements contain a “buy-sell” clause. This represents an agreement between the owners of a business on how to deal with the departure of one or more co-owners. A common buy-sell provision might require the remaining co-owner to purchase the departing co-owner’s share of the business within a fixed

Many business contracts contain a provision for “liquidated damages.” If there is a breach of contract, the injured party may demand a predetermined amount of liquidated damages from the party that caused the breach. As the New York Court of Appeals has explained, “In effect, a liquidated damage provision is an estimate,

Millions of Americans take to the road each day. Each person brings with them their own history, or driving skills. Some drivers like to speed, while others are more affected by road rage and backed up traffic. Every person has their own way of managing their driving. Unfortunately, of those

On December 15th, A Long Island woman filed a federal wrongful death lawsuit against Suffolk County and a national restaurant chain, alleging they were responsible for a 2013 car crash that killed her son. The lawsuit makes the novel argument that Suffolk County police violated the deceased’s civil rights by failing to

Parents trust their children to school bus drivers and operators every day. But that does not mean a school district or an individual driver can be held liable for all injuries suffered by children while riding a bus. TheAppellate Division, Second Department, recently explained these legal principles in a case

It is always best to enter into a business contract in writing. While oral contracts are enforceable in New York, it is sometimes difficult to establish the specific terms agreed upon by the parties. A written contract can eliminate any uncertainty or ambiguity from the equation. Many written contracts contain

UCC vs Common Law A contract is a contract. But not all contracts follow the same law. In New York, a contract may fall under the common law of the state or the Uniform Commercial Code (UCC), a set of rules adopted by all 50 states that govern certain commercial

The first thing you should always do after an automobile accident is seek immediate medical attention. It is imperative a physician not only diagnose and treat your injuries, but also properly document any potentially “serious injuries” that might entitled you to recover damages against the person or persons responsible for

Every word in a business contract has a legal meaning and importance. That does not mean the parties to the contract always agree on what that meaning and importance are. Litigation frequently arises over the definition of what may seem like simple words and phrases. Wirth v. Liberty Mutual Insurance

Is a property owner liable for injuries caused to someone riding a bicycle on said property? The Appellate Division, Second Department, recently addressed such a case. The property owner—in this case the City of New York—was held not responsible for an injured bicycle driver because, as the court explained, he