Car Accidents May Lead To Serious Back and Spina

Back injuries are one of the most frequent, and most painful, consequence of an automobile accident. Unlike injuries to other parts of the body, even a seemingly minor injury to your back can affect every aspect of your day-to-day life. In some cases, the effects of a back injury are

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

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

Five Reasons to Retain a Small Firm

Hiring a large law firm with hundreds of attorneys and paralegals is not necessarily the key to success in your case(s). A few reasons why you should think twice before retaining a large firm: Localized Knowledge– hiring a small firm situated near you or near the adversary may be the

How the Emergency Doctrine Applies or Does Not A

New York common law recognizes the “emergency doctrine,” which, in the context of an automobile accident, means a driver is not considered negligent if he or she responds to a “sudden and unexpected circumstance” in a “reasonable and prudent” manner. Of course, the emergency doctrine only applies if the person

What To Do When You Get Into a Car Accident

Getting into a car accident is one of the most stressful and abrupt events one can experience in a lifetime. Whether jolted when rear-ended or shaken side to side by a side-swipe, a car accident can be a life-altering event. A few things to immediately consider when getting into the unfortunate event:

“Notwithstanding” Clause in Breach of Contract

The Appellate Division of the Supreme Court of NY, first department recently heard an appeal in the case of Warburg v. GeoResources. The case involved what effect a contract’s “notwithstanding” clause would have if it operated to eliminate (or in the court’s words ‘render inoperative’) a detailed formula in a clause of the

Breach of Contract and Home Purchase Agreements

The Supreme Court of New York County recently heard a motion in the case of Danna v. Smyser. The case boiled down to a relatively simple and common factual situation. The buyer and seller of a home entered into a purchase agreement, with a deposit paid. The buyer, unable to obtain financing