Altschuler Shaham Provident Funds, Ltd. v. GML Tower, LLC, 2013 NY Slip OP 04273 (June 11, 2013) was a mortgage foreclosure action that arose from a failed redevelopment of the Hotel Syracuse, complex in downtown Syracuse New York. The Court of Appeals addressed a dispute about conflicting claims of priority between “a building loan mortgage made pursuant to an unfiled building loan contract [and] subsequently-filed mechanic’s liens.”

During April, May, and June of the 2013 Term, the Decisions by the Court of Appeals relating to civil matters extensively focused on issues of construction relating to the New York State constitution and statutes on the one hand, and insurance-related matters, on the other.

Bob and Sylvia put together a family compound where they gathered their children and grandchildren for visits and special occasions. They loved watching their grandchildren grow up learning to hike and fish and to appreciate the remoteness, the sunsets, the wilderness, and their time together. As the years advanced, they wondered what they could do to hold the compound together after their deaths, so that future generations of their offspring and the public would develop an appreciation for wilderness. Bob and Sylvia wanted to conserve the property in its natural state and worried that disagreements among future generations would result in the property’s being subdivided and sold off for development lots, which was already happening to surrounding large properties. After… Read more

New Mexico Passes New Regulations on Motor Vehicle Franchises A recently enacted New Mexico law prohibits automobile manufacturers from requiring a dealer to build a new dealership or relocate an existing dealership unless it is necessary to comply with health and safety laws or the technological requirements of selling certain services. Manufacturers are also prohibited from conditioning their approval of certain purchases on the remodeling or construction of a dealership. The law went into effect on June 14, 2013. The text of the bill can be read here. Delaware Recognizes Franchisees as Independent Contractors The State of Delaware has enacted… Read more

Section 62(1)(b) of the Partnership Law provides that a partnership formed by an oral agreement may be unilaterally dissolved “if no definite term or a particular undertaking is specified” in the oral agreement.

Massachusetts Fair Franchise Act The Massachusetts legislature is considering, once again, the enactment of a franchise relationship/termination statute titled the “Massachusetts Fair Franchise Act” (the “Act”).  The bill, similar to those proposed in other states such as California and Vermont, would prohibit a franchisor from terminating or cancelling a franchise, or from substantially changing the competitive circumstances of a franchise agreement without “good cause.”  Under the Act, “good cause” must be based upon legitimate business reasons, including a franchisee’s refusal or failure to comply with express obligations of the franchise agreement. In addition to the foregoing, the Act would require… Read more

Cell phones emit signals that enable cell towers to know where a particular cell phone is located. (Recently, wanted software founder John McAfee was reportedly located in Guatemala through that the use of that technology. Divorce detectives have started using it, too.) A company selling that technology sued mobile phone manufacturers for using their positions of authority in the industry standard setting organization to exclude that company’s technology. The company also sued the organization. This fall, the federal district court denied the organization’s motion to dismiss the lawsuit, allowing the lawsuit to move forward. It did not matter, the court said, that the organization itself did not know about the alleged malfeasance of the committee chairmen. It also did not matter… Read more

A person may commence various types of court proceedings in New York relating to his or her interest in an estate or trust. Sometimes a person is just trying to obtain information, and other times a person is looking to force a distribution, address certain actions taken or not taken by the fiduciary administering the estate or trust, or in extreme cases, have the fiduciary removed. In New York, the Surrogate’s Court may revoke the authority of an executor or administrator of an estate or a Trustee of a trust under certain circumstances. Such revocation of authority (the equivalent of… Read more

A captive insurance company (“Captive”) is a domestic or foreign insurance company formed by a business owner to insure the risks of the operating business. The owner of a business or a group of businesses can form a wholly owned Captive for the purpose of insuring his related companies. The insured businesses pay premiums to the Captive in exchange for insurance. The insurance premium paid is a deduction to the operating businesses income and, in many cases, the premium income received by the captive insurance company will be tax free. A Captive can be owned by the business owner, his… Read more