Mar 20, 2019

Groundwater Pollution Liability Under Clean Water Act to be Reviewed by U.S. Supreme Court

Groundwater Pollution

On February 19, the U.S. Supreme Court granted certiorari to review a unanimous decision by a panel of the Ninth Circuit Court of Appeals that underground wastewater injection into a groundwater channel that flows to the Pacific Ocean requires a permit under the Clean Water Act.  The Ninth Circuit decision, Hawai’i Wildlife Fund, et al… Read more

Sep 5, 2017

Beware of Post-Closing Actions Having a Retro-Active Pre-Closing Impact

Balance Sheet

We are now in September, and with the turn of the Gregorian calendar, comes the unofficial end of summer for both the United States and Israel.  Most have taken their summer holidays, the children are back in school, and the company transaction environment gains new momentum for the balance of the calendar year.  It is… Read more

Feb 7, 2017

What A Trump Administration Will Mean For Franchising


as published in QSR Magazine The election of Donald Trump as the next president of the United States certainly promises significant changes for the nation’s businesses. Despite the fact that many of Trump’s policies on labor and employment are still unclear, many laws and regulations promulgated during the Obama administration, including many rulings by the… Read more

Mar 7, 2016

Secondhand Smoke

Secondhand Smoke from Ashtray

Over the past few years a number of our clients have asked about the legal implications of secondhand smoke in their buildings. The law on the issue has been largely unsettled.  However, boards and property managers should be aware of a clearly emerging trend of imposing liability on cooperative and condominium boards that permit smokers… Read more

Jul 19, 2012

Board Member Liability after Fletcher v. The Dakota, Inc.

board room

A recent decision of the Appellate Division, First Department,[1] Fletcher v. The Dakota, Inc.,[2] has significantly changed the circumstances in which tort claims may be asserted against board members of cooperatives  and condominiums in their personal, rather than only corporate, capacities.  We believe this decision is not the last word on this issue.  However, board… Read more

Jun 21, 2012

Mold Revisited

Mold in house

Despite an earlier court decision that has been widely interpreted as holding that landlords in New York (including cooperatives and condominiums) had no liability for alleged bodily injury from mold, the Appellate Division of the New York State Supreme Court for the First Department has issued a decision making clear that the issue remains very… Read more

Oct 28, 2005

Liability of Condominium Managers and Unit Owners for Injuries to Third Parties

Dictionary: Liability

On October 25, 2005, New York’s intermediate appellate court issued a decision of concern to both condominium boards and individual unit owners.  Although the decision, on its face, appears to limit the personal liability of unit owners for claims made against the condominium by third parties, it, in fact, poses new and troubling issues regarding… Read more