There are few really good excuses in life.  “The dog ate my ___” is one classic.  “Traffic” can serve as a reasonable excuse.  Temporary psychological inability to defend oneself does not seem like a good candidate, but in  Pierot v Leopold  2017 NY Slip Op 07154  Decided on October 11, 2017  Appellate Division, Second Department it succeeded. “The plaintiffs… Continue Reading
As we have come to expect, the Commercial Division Advisory Council periodically makes recommendations to amend and/or supplement the Rules of the Commercial Division, many of which are eventually adopted following a solicitation process for public comment by the Office of Court Administration. In 2015, as a host of new Commercial Division rules and amendments... Continue Reading…
New, or unique causes of action rarely arise.  In Alrose Steinway, LLC v Jaspan Schlesinger, LLP 2017 NY Slip Op 32082(U) September 29, 2017  Supreme Court, New York County Docket Number: 151482/2017 we see a claim that failure to supervise a vastly experienced partner in an LLP  is negligence.  Supreme Court permits discovery on the issue, finding that it… Continue Reading
Help Us (and the Code) Help You!  Helping Employees/Co-Workers in a Crisis

In response to disasters such as hurricanes and earthquakes, the general community comes together to assist those in need — donating our blood, time, money, and belongings.  We respond similarly when one of our co-workers experiences an illness, death, accident, fire, or other severe financial hardship.  Employers often ask us:  “What can we do?” Helping...… Continue Reading

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Wright v Kok-Min Kyan  2017 NY Slip Op 32057(U) September 28, 2017 Supreme Court, New York County Docket Number: 805475/2016 Judge: Eileen A. Rakower is a medical malpractice case that explains what to do when service of the summons and complaint has gone awry. “Plaintiffs served the Summons with Notice upon Lenox Hill Hospital by service of process upon Ryann… Continue Reading
New York State Releases Waiver and Voluntary Coverage Forms

The New York Workers’ Compensation Board recently released three key forms associated with Paid Family Leave (“PFL”): PFL-Waiver:  “Employee Opt-Out of Paid Family Leave Benefits” PFL-135:  “Employer’s Application for Voluntary Coverage” (No Employee Contribution) PFL-136:  “Employer’s Application for Voluntary Coverage” (Employee Contribution Required) These are the first forms that the WCB has formally published in...… Continue Reading

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