Jason Cleri | Property Insurance Coverage Law Blog | December 10, 2017 In the New York class action suit, Mazzocki v. State Farm, 1 A.D.3d 9 (N.Y. 3rd Dept. 2003), the Appellate Court for the Third Department finally clarified the question regarding overhead and profit in actual cash value and replacement cost value claims. Plaintiffs in… Continue reading Entitlement to Overhead and Profit on an Actual Cash Value Estimate
Tag: New York
Would This London High-Rise Pass Muster in New York? Short Answer: No
Megan Specia | The New York Times | June 27, 2017 The Dorney Tower in Camden, London, where hundreds of families were forced to evacuate this week because of safety concerns. CreditNiklas Halle’N/Agence France-Presse — Getty Images Hundreds of families were evacuated this week from Dorney Tower, a 23-story London apartment building, after the authorities found… Continue reading Would This London High-Rise Pass Muster in New York? Short Answer: No
Want to Put Up a Building in NY? Put Up Money to Cover Construction Defects
Bruce A. Cholst and Deborah B. Koplovitz | New York Law Journal | April 4, 2017 This article offers what we believe to be a more viable remedy than those which presently exist in New York state for purchasers of residential units in newly built or rehabilitated developments where construction is rife with material defects.… Continue reading Want to Put Up a Building in NY? Put Up Money to Cover Construction Defects
First Department Finds Forum Selection Clause in Earlier Agreement Valid Despite Later Agreement Providing for Arbitration
Peter J.W. Sherwin and Alyse F. Stach | Proskauer Rose LLP | May 4, 2016 In a 3-2 split decision, a New York appellate court determined that a forum selection clause providing for litigation in New York courts had not been explicitly terminated and thus trumped agreements to submit to arbitration in London provided in… Continue reading First Department Finds Forum Selection Clause in Earlier Agreement Valid Despite Later Agreement Providing for Arbitration
How Contractors can use a Mechanic’s Lien to Avoid Getting ‘Burned’
Kim Slowey | Construction Dive | April 26, 2016 Getting paid in the private construction business — whether it involves a particularly evasive general contractor or an owner who’s in a tight financial spot — can be a challenge. Fortunately, no matter the size of their legal budgets, contractors have an alternative to waiting out a check indefinitely, and… Continue reading How Contractors can use a Mechanic’s Lien to Avoid Getting ‘Burned’