What Is a Partnership Agreement and Why Do I Nee

New York law defines a partnership as “an association of two or more persons to carry on as co-owners of a business for profit.” While a partnership conducts a business as a distinct entity, it is not the same thing as a corporation. New York and federal law disregard the partnership structure

Conflicting Medical Experts Can Undermine Serious

If you suffer injuries as the result of an automobile accident, it is essential to properly document all medical care you receive. New York law requires proof of “serious injury” as a precondition to filing a lawsuit against other parties responsible for an accident. This is because New York has

Knee Injuries and Auto Accidents

During football season, we tend to associate knee injuries with players running down on the field. But it is off the field—specifically, in our cars—where most of us face a more significant risk of knee injury. In fact, knee injuries are among the most common results of automobile collisions, imposing

Acquiring a Business Deciding Between an Asset P

If you want to acquire an existing business, you generally have two options: a stock purchase or an asset purchase. Each has advantages and disadvantages. In deciding how to proceed, you will need to consider the financial, tax, regulatory, and other business implications. Asset Purchase: In an asset purchase, you acquire

What Is a Local Governments Liability for Potent

They say, “You can’t fight city hall.” When it comes to bringing a negligence or other personal injury claim against a local government, that is not always true. But it is certainly more difficult to hold a state or local government liable, as a recent decision from the Appellate Division,

In Personal Injury Cases Sometimes the Thing Spe

The law is full of Latin phrases that make little sense to the average person. But these phrases identify important legal concepts that everyone should be aware of, especially in the context of understanding personal injury law. Here is a recent example from a New York appellate decision that addresses a legal

Why Percentages Matter in Automobile Accidents

Automobile accidents can involve anything from a single vehicle striking a pedestrian to a multi-car pileup on the highway. When people are injured in any accident, it often falls to the courts to determine who is responsible and who is entitled to compensation. Every state handles these questions differently. In

How Choice of Law Can Affect Your Rights Under A

When entering into any type of business contract, “choice of law” is often critical in determining how and where an agreement is enforced. Each state has its own laws governing contracts. Additionally, certain federal laws apply to contracts affecting interstate commerce. This confusion often leads to litigation over which jurisdiction’s

Comparing No Fault and Serious Injury Liability

New York is one of 12 states that impose a “no-fault” liability system with respect to vehicle insurance. What does “no-fault” mean? Basically, it means that for most accidents, your own insurance carrier is liable for paying your medical bills. This eliminates the need to apportion fault between yourself and

Manhattan Judge Orders Orbitz To Pay 12 Million

On August 20, Justice Charles E. Ramos of Manhattan Supreme Court granted summary judgment to Trilegiant Corporation in its breach of contract lawsuit against online travel company Orbitz, LLC. The lawsuit stemmed from a marketing agreement signed by the two companies nine years earlier. That agreement ended in 2007, but a subsequent