The concept of jaywalking in New York City has always been a joke. It was, until yesterday, illegal. But everyone did it. Even if a cop was standing right in front of you. New Yorkers always valued their “right” to walk where they wanted, as Dustin Hoffman famously yelled in Midnight Cowboy: “Hey, “I’m walkin’ […]
Continuous Representation and A Relationship of Trust and Confidence
Lower courts are more likely to dismiss legal malpractice cases on the statute of limitations than are Appellate courts. Dellwood Dev., Ltd. v Coffinas Law Firm, PLLC2024 NY Slip Op 06184 Decided on December 11, 2024 Appellate Division, Second Department is such an example. “The plaintiffs commenced this action against the defendants Coffinas Law Firm, […]
Legal Protections Against Forced Retirement in New York
Facing pressure from an employer to retire before you’re ready can be unsettling and unfair. In New York, the law protects you from being forced out of work due to your age. Federal, state, and city regulations exist to ensure that workers can continue their careers without discrimination as long as they are willing and […]
On NOT Running the NYC Marathon
In a letter to the New York Times editor 20 years ago, I referred to the NYC Marathon as a “magnificent piece of urban theatre.” With a one to two million spectators, random New Yorker’s (including cops and firefighters) cheering for middle-of-the-packers, handmade signs in a thousand comical iterations, it a wonder to both to […]
McCoy v. Feinman Raises Its Head
Every once in a while the ghost of McCoy v. Feinman, 99 N.Y.2d 295, 304 (2002) comes floating into view, (with apology for the mixed metaphor). The importance of this case is as an alternative theory for when the statute of limitations commences to run. Its application is seen in a passing comment in Lambro […]
Understanding and Addressing Weight Discrimination in the Workplace
Weight discrimination is a subtle but harmful form of bias that can affect career opportunities, workplace culture, and mental well-being. In New York, weight discrimination is gaining recognition as a serious issue, especially under the New York City Human Rights Law and federal protections like the Americans with Disabilities Act (ADA). Understanding how to identify […]
Musk Puts Another Nail in the Twitter Coffin
Elon Musk has confirmed that, if you put a link in a Twitter post, the post will be throttled. In other words, it is a negative for his algorithm. Twitter, of course, has had numerous problems since Musk bought it and tried to re-brand it as X. Among those problems was the destruction of its […]
Not Egregious Enough, Not Delinquent Enough for a Judiciary Law Claim
The claims in the complaint are striking. Claims that a 90-year old was pushed into a guardianship, was wrested from her home of 70 years, was defamed and was the recipient of extreme emotional distress did not state a cause of action for violation of Judiciary Law 487. in Kohler v West End 84 Units LLC 2024 […]
Top 10 Legal Challenges Of Relocating After A Divorce
Getting a divorce is tough enough when you have kids without trying to move on top of it. Sometimes, you just need to relocate, though, and things get complicated. This article will help you do just that, explaining the essentials you need to know about moving after a New York divorce, including: How relocation is […]
Denial Upheld On Appeal | New York Attorney Malpractice Blog
We reported on this case when Supreme Court denied dismissal. Now the AD has affirmed in Postiglione v Sacks & Sacks, LLP 2024 NY Slip Op 06070 Decided on December 4, 2024. “In an action to recover damages for legal malpractice, the defendants appeal from an order of the Supreme Court, Kings County (Karen B. […]