To most, the month of May means the start of Spring and warm weather. But to Suffolk County property owners, the month of May means Spring, warm weather AND the real property tax grievance filing period. As always, the Suffolk…
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/ Administrative Law, Real Estate - Commercial, Real Estate - Residential, Taxation
We’ve written about accountant liability. We’ve written about bookkeeper liability. A carefully crafted complaint can state viable claims for either. But business appraiser liability?…
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/ Business Organizations, Business Torts, Commercial Law & Contracts
It is a rare day that the Court of Appeals, New York’s highest Court, deals with trust and estate matters, let alone something as granular as the validity of an in terrorem clause. But speaketh they did, on April 17, 2025, in a…
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/ Civil Procedure, Wills, Trusts, & Estate Planning
Transactions involving the disposition of a U.S. real property interest (“USRPI”) by a foreign person (i.e., a nonresident alien individual or foreign entity, the seller) are subject to the Foreign Investment in Real Property…
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/ International Law & Trade, Real Estate - Commercial, Real Estate - Residential, Taxation
It’s been 15 years since the Second Department’s decision in Matter of 1545 Ocean Avenue, LLC, 72 AD3d 121, 2010 NY Slip Op 00688 (2d Dept Jan. 26, 2010), which established the standard for judicial dissolution of limited…
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/ Business Organizations, Civil Remedies, Real Estate - Commercial
In a Decision and Order rendered March 4, 2025, Albany County Supreme Court struck down as unconstitutional Section 575-b of the Real Property Tax Law, in the matter of Airey, et al. v. State of New York, et al. (Index No…
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/ Constitutional Law, Energy & Utilities, Taxation
Buying or selling a business is an exciting experience, and potentially lucrative opportunity for all parties. Most often, during the letter of intent / early negotiations phase, a “deal” is struck based primarily on economic…
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/ Business Organizations, Mergers & Acquisitions, Taxation
The recent imposition of tariffs by the U.S. government has introduced significant complexities in contractual performance and risk allocation. It is important to assess how these tariffs may influence material adverse change…
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/ Commercial Law & Contracts, International Law & Trade
In a post I wrote about a dozen years ago, I quoted Ken Adams, blogger and author of A Manual of Style for Contract Drafting, who, commenting on the oft-used contract clause, “Notwithstanding anything to the contrary in this…
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/ Business Organizations, Commercial Law & Contracts, Real Estate - Commercial
As readers of this blog are well aware, we here at New York Commercial Division Practice take great pride in posting about proposed or amended rules of practice in the Commercial Division. Knowledge of the local rules is…
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/ Civil Procedure, Commercial Law & Contracts
The Administration’s tariff policies have contributed to significant volatility in the stock market. Even brief announcements regarding new tariffs often trigger immediate declines in stock prices. This volatility is largely due…
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/ International Law & Trade, Taxation, Wills, Trusts, & Estate Planning
In a recent decision, the U.S. District Court for the Central District of California held that the Internal Revenue Service (“IRS”) did not violate Internal Revenue Code (“IRC”) Section 7433 or related regulations when it sent a…
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/ Administrative Law, Taxation
Restrictive covenants are common conditions of zoning approvals. Municipal boards typically require applicants to record restrictive covenants as a condition of approval. These restrictive covenants are drafted to “run with the…
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/ Real Estate - Residential, Zoning, Planning & Land Use
Before 2013, issuers were prohibited from using any means of general solicitation or advertising when raising capital in the private markets. The prohibition was perceived by many to be the single biggest impediment to raising…
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/ Business Organizations, Finance & Banking, Securities Law
Under ancient (some would argue vestigial) common-law rules of general partnerships, partners can find themselves stuck between a rock and a hard place deciding when to pull the trigger on a lawsuit…
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/ Business Organizations, Civil Procedure, Commercial Law & Contracts
