Emergency vehicles, including police cars and ambulances, are afforded special privileges under New York State law. Anyone driving an authorized emergency vehicle may disregard the ordinary rules of the road provided he or she does not exhibit “reckless disregard for the safety of others.” This is significantly higher than the

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

Preservation of evidence is essential in any personal injury lawsuit. No party to litigation may intentionally withhold, alter, destroy, or “spoil” evidence in an effort to prevent the other party (or the court) from obtaining access. A judge may impose sanctions if he or she determines there was spoliation of

Most employees work for their employers on an “at-will” basis, meaning the employer can dismiss the employee at any time without needing to state a reason. There are, of course, numerous government-mandated exceptions to at-will employment. For example, an employee cannot be fired based on gender or race. And then

New York’s “no-fault” insurance law requires a plaintiff prove he or she suffered a “serious injury” in a lawsuit arising from a car accident. New York law provides several categories of serious injury, ranging from death to “significant limitation of use of a body function or system.” There is also a

In order to bring any lawsuit in New York for personal injury as the result of a motor vehicle or other accident, a plaintiff must comply with the applicable statute of limitations. The statute of limitations is a time period fixed by the state legislature during which a person may

One of the first decisions you must make when starting a business in New York is to determine the legal form of your new venture. This decision is especially critical when you go into business with others. New York law recognizes several business forms, each with their own legal and

If you sustain serious injuries in a car accident, the other driver can be held liable if there was negligence—that is, he or she failed to exercise “ordinary care” to reasonably avoid the accident. But there are exceptions to this general rule. If you are hit by a police officer,

Financing is a major issue for most businesses, especially during the startup phase. Loans from banks—or even from friends or family members—are a common financing device. If your business does need to borrow money, however, it is essential to properly document the loan through a promissory note. In its simplest