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Category: New York Law

When Can a Homeowner Sue for Trust Fund Diversion in New York? Lessons from Treskas v. Style & Care, Inc.

Posted on June 18, 2025 By rehan.rafique No Comments on When Can a Homeowner Sue for Trust Fund Diversion in New York? Lessons from Treskas v. Style & Care, Inc.
When Can a Homeowner Sue for Trust Fund Diversion in New York? Lessons from Treskas v. Style & Care, Inc.

In construction law, few issues are as serious—or as misunderstood—as the misappropriation of trust funds. New York’s Lien Law Article 3-A was created to protect owners, contractors, and suppliers from having construction funds wrongfully diverted. But who actually qualifies for protection under the statute? Can a homeowner sue a subcontractor if they never dealt with…

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New York Law

How to Prove Disability Discrimination in a Westchester Job Denial

Posted on June 18, 2025 By rehan.rafique No Comments on How to Prove Disability Discrimination in a Westchester Job Denial
How to Prove Disability Discrimination in a Westchester Job Denial

Disability discrimination in hiring remains a serious issue—even with strong laws in place to prevent it. In Westchester County, people with disabilities still face bias and barriers when applying for jobs. Employers may make assumptions about someone’s capabilities or hesitate to offer accommodations, which can unfairly lead to rejections. If you believe you were denied…

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New York Law

Maybe The Relationship Ended, Maybe Not

Posted on June 14, 2025 By rehan.rafique No Comments on Maybe The Relationship Ended, Maybe Not
Maybe The Relationship Ended, Maybe Not

Bernstein v Jacobson 2025 NY Slip Op 03173 Decided on May 28, 2025 Appellate Division, Second Department is the story of an attorney-client relationship gone bad. But…had it ended? “In an action to recover damages for legal malpractice, the defendant appeals from an order of the Supreme Court, Queens County (Karina E. Alomar, J.), dated…

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New York Law

When a Mechanic’s Lien Backfires: Lessons from Consumer Protection Restoration, LLC v. Hickory House Tenants Corp.

Posted on June 13, 2025 By rehan.rafique No Comments on When a Mechanic’s Lien Backfires: Lessons from Consumer Protection Restoration, LLC v. Hickory House Tenants Corp.
When Can a Homeowner Sue for Trust Fund Diversion in New York? Lessons from Treskas v. Style & Care, Inc.

If you’re a contractor in New York, few tools are more powerful than a mechanic’s lien. It gives you leverage, helps secure payment, and forces property owners to pay attention. But as the recent Appellate Division decision in Consumer Protection Restoration, LLC v. Hickory House Tenants Corp. reminds us, that tool can turn into a…

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New York Law

Recognizing Age Discrimination in the Workplace: Your Rights in New York

Posted on June 13, 2025 By rehan.rafique No Comments on Recognizing Age Discrimination in the Workplace: Your Rights in New York
Recognizing Age Discrimination in the Workplace: Your Rights in New York

Age discrimination in the workplace is an issue that many older workers in New York are facing but don’t always recognize. As the workforce ages, more employees in their 50s, 60s, and even 70s are reporting unfair treatment, fewer opportunities, and subtle — or not-so-subtle — pressure to retire. While some companies embrace the experience…

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New York Law

Asking For the File To Be Returned Is A Tell

Posted on June 9, 2025 By rehan.rafique No Comments on Asking For the File To Be Returned Is A Tell
Asking For the File To Be Returned Is A Tell

How to calculate when continuing representation ends is a continuing problem. Does the representation continue until new counsel come into the case? Does it continue until a consent to change attorney is filed? In Wells Fargo Bank, N.A. v Leopold & Assoc., PLLC 2025 NY Slip Op 03220 Decided on May 28, 2025 Appellate Division,…

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New York Law

Unlicensed Electrical Work in NYC: Court Bars Contractor’s Claims in Key Decision

Posted on June 8, 2025 By rehan.rafique No Comments on Unlicensed Electrical Work in NYC: Court Bars Contractor’s Claims in Key Decision
When Can a Homeowner Sue for Trust Fund Diversion in New York? Lessons from Treskas v. Style & Care, Inc.

In a significant decision for contractors and property owners alike, the Appellate Division, Second Department, recently clarified the consequences of performing electrical work in New York City without proper licensure. The case, Mikoma Electric, LLC v. Otek Builders, LLC, demonstrates the harsh, but well-established, reality that unlicensed contractors in certain trades—including electrical—may be entirely barred…

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New York Law

A Pro Se Legal Malpractice Case Lost; An Appeal Dismissed

Posted on June 4, 2025 By rehan.rafique No Comments on A Pro Se Legal Malpractice Case Lost; An Appeal Dismissed
A Pro Se Legal Malpractice Case Lost; An Appeal Dismissed

Rules concerning legal malpractice litigation are unique, difficult and adhered to. Rules about appellate records are even more specific and adhered to. In Lubin v Arnold E. DiJoseph, P.C. 2025 NY Slip Op 03057 Decided on May 21, 2025 the Appellate Division, Second Department dismissed a pro-se appeal from a pro-se litigation of a legal…

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New York Law

Right of Election in New York: What Happens If a Spouse Is Left Out of a Will?

Posted on June 4, 2025 By rehan.rafique No Comments on Right of Election in New York: What Happens If a Spouse Is Left Out of a Will?
Right of Election in New York: What Happens If a Spouse Is Left Out of a Will?

New York law protects surviving spouses from being completely disinherited. If you’re a spouse who was left out of a will or left less than a fair share of your late partner’s estate, you may still have a legal right to claim a portion of the assets under New York’s Right of Election statute. What…

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New York Law

Local Law 11 in NYC: Legal Issues Every Building Owner and Board Needs to Know

Posted on June 3, 2025 By rehan.rafique No Comments on Local Law 11 in NYC: Legal Issues Every Building Owner and Board Needs to Know
When Can a Homeowner Sue for Trust Fund Diversion in New York? Lessons from Treskas v. Style & Care, Inc.

When it comes to building maintenance in New York City, few compliance requirements are as significant—or as complex—as Local Law 11, also known as the Façade Inspection & Safety Program (FISP). Enacted to prevent dangerous building façade conditions, Local Law 11 mandates that all buildings over six stories undergo routine inspections and necessary exterior repairs…

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New York Law

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