Judge Says Landlord Not Liable for Ex-Tenant’s Racial Harassment

Residential landlords must always be aware of their obligations under federal and state anti-discrimination laws. Obviously, a landlord cannot refuse to rent housing to members of minority groups. But what about cases where a tenant claims racial discrimination based on the actions of another tenant? A recent decision by a federal judge

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

Condo’s Offering Plan Foils Developer’s Attempt to Collect From Unit Owner

For many years, New York City has tried to mitigate the high costs of housing by offering tax credits to owners of condominiums and other cooperative units. In its present form, the city’s tax abatement program offers reductions of between 17.5% and 28.1% on property taxes, depending on a condo unit’s assessed

Court of Appeals Puts Landlords on Notice About Rent Control

Rent control is an issue which bitterly divides landlords and tenants. Litigation is not uncommon between tenants who feel they have been charged more than the legally permissible rent and landlords who feel taken advantage of by tenants who will not honor the terms of their leases. New York’s highest

How Pre-Judgment Interest Can Be a Major Post-Trial Problem

Pre-judgment interest is an often overlooked issue in personal injury cases. This refers to the interest accrued once a judgment is entered but before it is paid. So if you are in a car accident, sue the other driver and win a $100,000 judgment, you would then be entitled to

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

Federal Courts Must Referee New York Mattress War

We’ve all dealt with salespeople who are eager to talk down a competitor’s product. But, how far can a salesperson go? This can be an especially thorny issue when retailers enter into business arrangements with one another and assume a contractual duty not to disparage each other’s products. A federal

What Happens When a Defendant Fails to Preserve Evidence?

In any personal injury lawsuit, it is critical for all sides to preserve evidence that may be relevant to the case. An unscrupulous defendant may attempt to avoid liability by destroying records and other evidence that may help a plaintiff prove his or her claim. Judges may sanction a party