What are a Landlord’s Obligations Under New York Law?

Owning real estate in New York carries a host of legal responsibilities, particularly if you own a rental property. Under New York law, a landlord may be held liable for “injury caused by a defective or dangerous condition” if there is a legal or contractual duty to “maintain the premises in repair.”

When is a Party Liable for a Business Partner’s Debts?

A partnership refers to any association of two or more persons for the purpose of carrying on some business. A written agreement is not necessary to form a partnership under New York law. A court may determine that a partnership exists based on the conduct of the parties involved. Upstate

How Business Structure Can Affect Your Legal Rights as an Investor

We have all made bad business or investment decisions at one time in our lives. In some cases a bad decision may be induced by the fraudulent or illegal conduct of another. But it is not enough to simply accuse another party of such fraud. Depending on the type of

The Problem With Oral Contracts Between Family Members

When it comes to family, you may think written contracts are unnecessary. But any time you are dealing with a corporate or business transaction, you should not treat a parent or sibling differently than any other partner. A written agreement is essential to ensure both parties acknowledge their rights and responsibilities

Does the Legal Form of Your Business Matter?

In many business disputes, such as a breach of contract lawsuit, the legal form that a business entity takes may be relevant to the disposition of the case. For instance, a corporation is an entity that can be sued in its own name. That is to say, when you sue a

Dealing With the Dissolution of a Business Partnership

Divorces are often bitter affairs that can drag out for years in court. The same is true for many business divorces. When a partnership or joint venture ends there can be civil litigation that takes years to resolve. Company Sales Price Not the Same Thing as “Enterprise Value” For example, a Manhattan

Lack of Consistency Can Doom a Breach of Contract Case

In any type of business or civil litigation, it is important not to try and change legal arguments in the middle of a case or the middle of appeal. Judges are generally not sympathetic to parties who present arguments that openly contradict their prior claims. Appeals courts will not consider arguments

What Happens When Parties “Abandon” a Contract?

A contract represents a binding agreement between two or more parties. If you abandon your business or one party fails to perform its obligations, the other parties may sue for breach of contract. There are, however, a number of defenses to a breach of contract claim — and the discovery process,

Does My Business Website Need a “Terms of Service”?

The Internet provides a wonderful mechanism for New York businesses to interact with their customers, vendors, and other interested parties. But businesses must also tread carefully, as the Internet is not an unregulated or lawless domain. If your business uses a website to solicit feedback or potential customers, it is

Business Disputes are Not Always Kept Inside the Family

You might think a family-run business would not face civil litigation from shareholders the same way as larger, more impersonal corporations. But oftentimes the opposite is true. Serious disagreements among family members who co-own a business can easily spill over into court. Nephew’s Estate Fights with Uncle Over Alleged Corporate