New York AG Fails to Beat Mortgage Lender in Court

On March 30, a state supreme court justice in Buffalo dismissed a complaint brought by New York Attorney General Eric T. Schneiderman against HSBC, the United Kingdom-based international banking conglomerate, whom the attorney general accused of “failing to follow state law related to foreclosure actions, putting homeowners at greater risk of losing

Who Is Responsible When a Pedestrian Is Hit By a Car?

If you are hit by a car and suffer serious injuries, it logically follows you may wish to sue the driver of the vehicle. But what other parties may be responsible? The Appellate Division, Third Department, recently considered such a case. A pedestrian struck by a car argued a second

County May Be Liable for “High-Flying” Stop Sign

Improper road maintenance by municipal authorities often lead to otherwise preventable motor vehicle accidents. And not all maintenance issues involve the roads themselves. As one recent tragic case demonstrates, an improperly maintained road sign can be just as dangerous to drivers and pedestrians as a pothole. Honer v. McComb In

Court of Appeals Rules Against Energy Companies in “Fracking” Dispute

“Force majeure” is an important concept in contract law. Literally translated, it means “superior force,” and it refers to circumstances where a party cannot meet its obligation under a contract because of some external event beyond the party’s control. Force majeure generally includes “acts of God”—e.g., hurricanes, earthquakes, flooding—but can

Understanding the Use of “Shell Companies” In Real Estate Transactions

The New York Times recently published a major five-part series detailing the “stream of foreign wealth” that has entered Manhattan’s high-end real estate market in recent years. The Times focused on how many foreign (and U.S.) individuals “have taken steps to keep their identities hidden, registering condos in trusts, limited liability companies

Using Expert Witnesses to “Reconstruct” Automobile Accidents

Car accidents often involve a multitude of factors. Eyewitness testimony alone can be insufficient to accurately reconstruct the underlying events. In many cases, expert witnesses are employed by both sides in a personal injury lawsuit to present the jury with possible reconstructions based on time-tested scientific methods. But, introducing expert