Litigation
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Is Your Building Clean?11/10/2020 | By: Morrell I. Berkowitz, Esq.| GDB 2020 Fall Newsletter
As we are approaching the end of 2020, boards, managing agents, and owners should ensure that they are in compliance with Local Law 87, which requires, among other things, “energy audits” and “retro-commissioning of base building systems” that affect virtually every apartment building in New York City, whether a cooperative, condominium or rental. This ordinance has broad-ranging requirements affecting every significant building system, specific reporting requirements, and financial penalties for failure to comply.
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Jared B. Foley Promoted to Partner1/6/2020
Gallet Dreyer & Berkey, LLP is pleased to announce that Jared B. Foley has become a partner of the firm. Mr. Foley is a highly skilled attorney whose practice focuses on commercial litigation, white collar criminal defense, employment litigation and intellectual property litigation. He has successfully represented individuals and companies in federal court and state court and has also represented parties in FINRA, AAA and JAMS arbitrations. Mr. Foley is a graduate of Columbia Law School and Dartmouth College.
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Keeping Up With the Times: New York City Housing Court Seeks to Implement ChangesMay 2019 | By: Michelle P. Quinn, Esq. | GDB 2019 Spring Newsletter
It has long been noted that the existing housing courts are ill-equipped to handle the number of litigants and extensive caseloads which New York City’s housing courts see each day. From the long lines of litigants (often with children), to the lack of available courtrooms and meeting spaces, and even failing infrastructure, it has become increasingly difficult for matters to be equitably and efficiently resolved. In 2017, Chief Judge Janet DiFiore created a Special Commission on the Future of the New York City Housing Court. The Commission recommended numerous proposed reforms to effect a transformation of the housing court.
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How to Prepare for and Conduct Your Annual MeetingMay 2019 | By: David L. Berkey, Esq. | GDB 2019 Spring Newsletter
May and June are the months when most Cooperatives and Condominiums conduct their annual meetings of shareholders or unit owners. Advance planning is essential for a successful annual meeting. Most counsel are experienced in leading annual meetings and can help make sure that your meetings run smoothly and your elections will not be subject to challenge.
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GDB is proud to announce that Michelle P. Quinn has been promoted to partner.January 2019
Michelle represents businesses and individuals in commercial and residential landlord-tenant litigation, including summary proceedings. She has substantial experience with Mitchell-Lama Cooperatives, Redevelopment Companies, and tenancies protected by New York State Rent Regulations.
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Kyle G. Kunst joined Gallet Dreyer & Berkey, LLP as an associate.9/2018
Kyle G. Kunst joined Gallet Dreyer & Berkey, LLP as an associate. Kyle has litigated commercial disputes throughout the nation in both state and federal courts, servicing a wide array of industries and clients. His experience includes labor and employment, misappropriation of trade secrets, intellectual property and deceptive trade practices, products liability and construction defects. Mr. Kunst also regularly counsels clients through government investigations on the state and federal level.
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Service Animals and the “No Dog” Building7/11/18 | By: Michelle P. Quinn | GDB 2018 Summer Newsletter
The proliferation of online websites that sell “service animal certification kits” in order to allow non-service animals access to public places has led to recent legislation intended to curb the abuse. A new law signed by New York State Governor Andrew M. Cuomo on December 18, 2017 makes it unlawful to knowingly apply a false or improper identification tag designating a service, emotional support, or therapy dog to enable the animal to accompany its owner into places of public accommodation and other venues. What does this law mean for apartment, condominium and cooperative buildings? Read more to find out how you may be affected.
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Making a Building Smoke-Free? Here are Answers to Some Commonly Asked Questions7/11/18 | By: Peter R. Massa, Esq. & Alyssa C. Goldrich, Esq. | GDB 2018 Summer Newsletter
As described in our spring 2018 newsletter, under recent legislation all New York City multi-family dwellings consisting of three or more apartments (including coops and condos) must adopt a smoking policy by August 28, 2018 and provide the policy to all current and prospective residents. This requirement has caused many coops and condos to consider making their buildings “smoke-free” by prohibiting smoking in individual apartments as well as the common areas of the building. Click here for FAQ regarding implementation of a smoke-free policy.
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Cooperatives and Condominiums Must Disclose Conflicts of Interest7/11/18 | By: Marc J. Luxemburg, Esq. | GDB Summer Newsletter
Section 727 of the Business Corporation Law (“BCL”), as enacted last year and recently amended, requires that every cooperative housing corporation incorporated under the BCL and every condominium must report to its shareholders or condo unit owners at least once a year of transactions voted on by the board where one or more of the directors is an interested party pursuant to Section 713 of the BCL. If there is no such transaction, the report must state specifically that no such transaction occurred. Please read on in order to learn what you must do to comply with this new law.
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Employers Can Now Require Employees To Sign Arbitration Agreements Waiving the Right to Bring a Class Action7/11/18 | By: David T. Azrin, Esq. | 2018 Summer Newsletter
The U.S. Supreme Court recently announced that employers can require employees to sign arbitration agreements in which employees agree that they will never bring a class action or collective action in court against their employer, and that they can only pursue any claims against the employer on an individualized basis in a private arbitration proceeding. This decision is significant because it overturns prior appellate court decisions which held that requiring employees to sign such agreements violated the federal National Labor Relations Act.
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Partner Beatrice Lesser Won a Unanimous Affirmance from the Appellate Division4/2018
Partner Beatrice Lesser won a unanimous affirmance from the Appellate Division in a case where the underlying issue concerned a cooperative corporation’s obligation to give a shareholder’s lender notice of the shareholder’s non-monetary default of the proprietary lease. Where the cooperative’s records do not include a copy of the lender’s recognition agreement, counsel is advised to perform an independent search on ACRIS for a UCC-1 and give the lender notice of the shareholder’s default even if it doesn’t have a copy of the recognition agreement.
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David S. Douglas, Esq. Honored6/2018
Partner David S. Douglas was honored to be the recipient of the Westchester Municipal Planning Federation’s 2018 Distinguished Citizen Planner Award in recognition of his work as, among other things, the Chair of the Town of Cortlandt’s Zoning Board of Appeals, Chair of Cortlandt’s Conservation Advisory Council and Open Space Committee, and member of Cortlandt’s Master Plan Committee.
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GDB Trial Victory Clarifies Scope of New York State Partnership Law3/15/2018
On March 15, 2018, Gallet Dreyer & Berkey, LLP partners Adam M. Felsenstein and David N. Milner won a trial verdict in Commercial Division of the Supreme Court, New York County in the Le Bel v. Donovan, New York County Index No: 652200/10. The decision is expected to have important ramifications in the area of partnership law.
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New York City Shakes Up the Freelance Sector10/23/2017 | By: David S. Douglas, Esq. | GDB 2017 Fall Newsletter
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Can a Stroller Be Sent to the Back Door?8/5/2017 | The New York Times
GDB Partner Beatrice Lesser is quoted in The New York Times
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Skype: An Effective Tool for a Jury Trial6/19/2017 | By: Adam M. Felsenstein, Esq.
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Counting on Someone Else’s Insurance Policy for Protection?
First Check the Fine Print6/27/2016 | By: Eugene H. Goldberg, Esq. | Summer 2016 Newsletter -
Incorporation By Reference: Does It Work?2/11/2016 | By: Randy J. Heller, Esq. | Winter 2016 Newsletter
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New Regulations Against Abusive And Deceptive Debt Collection Practices10/09/2015 | By: Mark B. Brenner, Esq. | Winter 2015 Newsletter
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Liability Insurer Allowed to Recoup Attorney Fees From Its Own Insured After paying for Defense of Lawsuit12/06/2014 | Winter 2014 Newsletter
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Enforcing a Judgment Against a Contractor Just Got Easier09/05/2014 | Fall 2014 Newsletter
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New Rules Provide for Expedited Handling of Commercial Disputes09/04/2014 | Fall 2014 Newsletter
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Increasing Efforts to Impose Employment Law Liability on Franchisors09/03/2014 | Fall 2014 Newsletter
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Sexual Orientation and Juror Selection06/07/2014 | Summer 2014 Newsletter
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Tax Lien Foreclosure Proceedings on the Rise06/05/2014 | Summer 2014 Newsletter
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When Security and Privacy Concerns Clash in Multi-Family Buildings12/01/2013 | Winter 2013 Newsletter
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Should You Include a Mandatory Arbitration Clause in Your Contracts?12/08/2012 | Winter 2012 Newsletter
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Where in the USA Can Product Liability Suits Be Brought against My Company? Anywhere My Product Causes Some Damage?12/06/2012 | by Tobias Ziegler
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Appellate Court Partially Removes Important Protections for Individual Members of Cooperative and Condominium Boards09/10/2012 | Fall 2012 Newsletter
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Federal Appeals Court Issues Important Decision Upholding Procedures For Enforcement of Foreign Money Judgments in New York09/07/2012 | Fall 2012 Newsletter
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When Is a Release Not a Release? Courts provide conflicting rulings on the interpretation of contractor lien waiver forms09/06/2012 | Fall 2012 Newsletter
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Obtaining a Successful Result on an Insurance Claim09/04/2012 | Fall 2012 Newsletter
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Defaulting Condominium Sponsor or Commercial Unit Owner - Receivership may Be the Answer04/09/2012 | Spring 2012 Newsletter
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Mold: A Common Result of Water Infiltration - Not To Be Ignored04/05/2012 | Spring 2012 Newsletter
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What Do You Do When Your Company Receives a Subpoena?06/10/2011 | Summer 2011 Newsletter
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Co-op's Weapon against Objectionable Shareholders06/09/2011 | Summer 2011 Newsletter
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Bankruptcy - What Are Your Rights When Someone Who Owes You Money Files for Bankruptcy09/09/2010 | Fall 2010 Newsletter
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Piercing the Corporate Veil - Not So Fast09/08/2010 | Fall 2010 Newsletter
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Warning: Checks Marked "Payment in Full"06/09/2010 | Summer 2010 Newsletter
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Filing Mechanic's Liens for Tenant Work06/08/2010 | Summer 2010 Newsletter
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Short Statute of Limitations Frustrates Building Owner's Claim against Engineer for Construction Defects04/07/2010 | Spring 2010 Newsletter