Jack Malley
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News / 04.11.24 /Jack Malley
Severance Agreements CLE Webinar April 18th, 2024, hosted by Jack Malley
Severance Agreements Date: April 18th, 2024 Time: 10:00 AM – 11:30 AM EDT Speaker: Jack Malley, Partner Cost: No Charge Credits: 1.5 (NY) Register here Learn about: The fundamentals of severance agreements The newest laws and their impact Typical severance packages in today’s market; and Common negotiation points and tactics
Blog / 11.16.23 /Jack Malley
New York’s New Law Restricting Employer Access to Employee Social Media Accounts
In response to a trend of employers mandating login credentials for their employees’ social media accounts for the purpose of, among other things, evaluating employees for promotions and investigations of alleged employee misconduct, New York has a new law, effective March 12, 2024, that restricts employers’ access to current and prospective employee social media accounts. …
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Blog / 08.30.23 /Jack Malley
Second Circuit Decision Clarifies “Essential Function” Requirement for Employees Seeking Disability Accommodations
Participants in the HR/employment law world are readily familiar with the concept that an employee’s request for a reasonable disability accommodation will only be viable if the employee can perform the “essential functions” of his/her job with the accommodation. An August 18, 2023 decision issued by the Second Circuit in Tafolla v. County of Suffolk, …
Blog / 06.21.23 /Jack Malley
NYC to Prohibit Discrimination Based on Height and Weight
On May 26, 2023, New York City amended the City’s Human Rights Law to bar employment discrimination on the basis of a person’s height and/or weight, which is effective on November 22, 2023. Exceptions under limited circumstances. There are exceptions in the law which permit employers to make decisions based on applicants’ and employees’ height …
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Blog / 08.17.21 /Jack Malley
Making Employment Law Simple: Reasonable Accommodation
Watch Jack Malley, Partner at Smith, Buss & Jacobs, LLP break down important employment law topics. Today, he discusses reasonable accommodations.
Blog / 05.18.21 /Jack Malley
An Update on Wage Laws that Apply to New York Residential Building Owners and Workers
Jack Malley provides an update on wage laws that apply to New York residential building owners and workers in the Westchester County Business Journal. Read the full article HERE
Blog / 04.20.21 /Jack Malley
A Summary of New York’s New Recreational Marijuana Use Law
Watch Jack Malley, Partner at Smith, Buss & Jacobs, LLP talk about New York’s recreational marijuana use law.
Blog / 02.22.21 /Jack Malley
Court Decision Highlights The Risks Of Poor Handbook Drafting
Earlier this month the Supreme Court of Minnesota issued an interesting decision concerning two questions employment litigators regularly come across: (1) whether a handbook provision creates an employee contractual right, and (2) whether a general disclaimer in a handbook stating that its provisions are not intended to create a contract defeats a handbook contract claim. …
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News / 12.30.20 /Jack Malley
Jack Malley won an appeal on December 29, 2020. The First Department affirmed Supreme Court, New York County’s decision granting a preliminary injunction enjoining a Manhattan co-op from evicting Jack’s client from an apartment he inherited after the co-op board denied his transfer application.
Blog / 11.10.20 /Jack Malley
The importance of training for an Employer Sexual Harassment Prevention Policy
Watch Jack Malley share a cautionary tale about the importance of training for a company’s Sexual Harassment Prevention Policy. For more information, please contact: Jack Malley jmalley@sbjlaw.com
Blog / 10.13.20 /Jack Malley
NY’s New Paid Sick Leave Law Now Effective
New York State’s new Paid Sick Leave Law went into effect Sept. 30, 2020. Employees can start accruing leave now and can start using that accrued leave on Jan. 1, 2021. The new law requires employers to provide time off for employee physical or mental illnesses, family illnesses and preventative care. In addition, the law …
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Blog / 09.15.20 /Jack Malley
Burlington Coat Factory’s $19 Million “Manager” Overtime Settlement, Another Big Employee Misclassification Hit
Companies of all sizes have taken big lawsuit hits for misclassifying managers as exempt employees – not entitled to overtime pay, merely because they are paid a salary. Under federal and New York law, in order to assert an exemption from paying overtime to its employees an employer must be prepared not only to show …
Blog / 03.19.20 /Jack Malley
Governor Cuomo Issues Executive Order Requiring 75% Reduction In On-Site Workforce At All Locations; Union and Real Estate Industry Assert that Building Service Personnel and Managing Agents Provide “Essential Services.”
Governor Cuomo has ordered that all New York businesses, including not-for-profit businesses, shall utilize to the extent possible all telecommuting and work from home procedures. Further, the Governor ordered that every employer in the state shall reduce its in person workforce at all locations by 75% no later than March 20 8 p.m. This Order …
Blog / 03.18.20 /Jack Malley
What Penalties Can Employers Suffer for Denying Coronavirus-Based Paid Sick Leave Requests?
Many of our clients have been consulting us regarding paid leave requests they anticipate related to the coronavirus. Employers should be aware of the penalties for an unlawful denial of such requests under paid sick leave laws enacted by Westchester County and NYC. The penalties include fines, back pay, job reinstatement and the payment of …
Blog / 01.21.20 /Jack Malley
A Three Month Checkup on Important Recent Changes You Need to Know as an Employer
Over the last year or so, New York State has passed significant new legislation on employment issues and labor rights, some of which have been effective since October 2019. Thus, a three month checkup is in order. Have you faced any harassment claims under the New York State Human Rights Law? Since October 2019, claims …
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Blog / 11.15.19 /Jack Malleyand
Medical Documentation Under the ADA: Consider Now or Pay Later
A client recently presented our firm with an interesting and complex question regarding employers’ rights to request medical documentation under the Americans with Disabilities Act (“ADA”). The inquiry gave us the opportunity to review the law on this subject and to offer two important points that all employers should consider when addressing ADA-related issues. First, …
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Blog / 10.23.19 /Jack Malley
Decision in Favor of Nike Highlights Factors that Defeat Retaliation Claims
Although the termination of an employee after he/she has complained to the employer about discrimination is often prohibitively risky, there are common factual scenarios that diminish that risk. Among these scenarios are a clear record of poor performance established prior to an employee’s discrimination complaint and a termination by a manager who is unaware of …
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Blog / 10.15.19 /Emanuela LupuandJack Malley
Co-op and Condo Boards Must Pay Overtime to Live-In Supers
In our practice, we have seen an uptick in lawsuits by live-in superintendents and other full-time employees against cooperatives, condominiums, homeowners associations (HOAs), and even managing agents (who are defined as employees under federal regulations). These lawsuits are frequently commenced after the employee has been terminated, and they typically allege that the employer failed to pay overtime wages …
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Blog / 09.13.19 /Jack Malley
Why have a well-drafted handbook? Let a federal court answer that question . . .
A Third Circuit decision on August 22, 2019, which upheld FedEx’s termination of two employees, demonstrates the value of well-drafted employee handbook policies.[1] FedEx’s employee handbook included a code of conduct that prohibited workplace violence. Among other things, the code barred “gestures and expressions” and “oral and written statements” that communicate a direct or indirect …
Continue reading “Why have a well-drafted handbook? Let a federal court answer that question . . .”
News / 08.02.19 /Jack Malley
Firm News
Jack Malley won a preliminary injunction enjoining a Manhattan co-op from evicting his client from the apartment that he, his wife and their kids have lived in since 1994. The case concerns a provision in many New York City proprietary leases that controls the transfer of co-op apartments from an estate of a deceased shareholder …
Blog / 07.19.19 /Jack Malley
Judge’s Decision Shows Why HR Professionals Must Train Supervisors On FMLA Procedures
Last month, in Moore v. GPS Hospitality Partners [i] , an Alabama judge granted a Burger King restaurant shift supervisor partial summary judgment on her FMLA interference claim. Lashondra Moore prevailed because her supervisors did not recognize that her initial requests for leave triggered her FMLA rights and did not understand how FMLA claims should …
Blog / 06.26.19 /Jack Malley
New York State Joins The Trend Prohibiting Salary History Inquiries
Last week the New York State Legislature approved a bill prohibiting employers from soliciting prior salary information from job applicants. Governor Cuomo is expected to sign on. The new law continues a trend in the state as New York City, Albany County, Westchester County and Suffolk County have previously enacted similar laws. The New York …
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Blog / 05.09.19 /Jack Malley
Summer’s Almost Here! Welcome to the Unpaid Intern Conundrum
Summer is approaching and employers are now considering whether to bring on unpaid interns for the season. This article discusses the parameters that employers should follow to properly classify workers as unpaid interns instead of employees entitled to minimum-wage and overtime pay under the Fair Labor Standards Act (“FLSA”) and/or New York Labor Law (“NYLL”). …
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Blog / 03.21.19 /Jack Malley
U.S. Department of Labor Rejects New York Law Regarding Wages Paid To Live-In Superintendents
On March 14, 2019, the U.S. Department of Labor (the “U.S. DOL”) issued an opinion that resolves a conflict between federal law and the New York Department of Labor Building Service Industry Minimum Wage Order (the “NY Wage Order”). Although U.S. DOL opinion letters are not binding law that courts must follow, courts often give great weight to the guidance set forth in them, and employers can rely on such guidance as a good faith defense to a wage claim arising under the Fair Labor Standards Act (the “FLSA”).
Blog / 03.08.19 /Jack Malley
New Employment Laws Alert
Please be aware of the following new laws that are effective this month:
Westchester County Paid Sick Leave Law & NYC Mandates Workplace Lactation Rooms
Blog / 02.22.19 /Jack Malley
Tiffany Beats Religious Discrimination Claim
On February 11, 2019, the United States District Court for the Southern District of New York dismissed an employee’s claim for religious discrimination against the world renowned luxury jewelry retailer, Tiffany and Company.
Blog / 01.30.19 /Jack Malley
Jury Awards $21.5 Million To Dishwasher Who Was Fired For Requesting A Religious Accommodation
On January 14, 2019, a Florida federal court jury found a Hilton affiliated hotel liable for retaliation after it terminated the plaintiff dishwasher for seeking a religious accommodation, and awarded her $21,000,000 in punitive damages, $500,000 for emotional pain and mental anguish, and $36,000 in lost wages and benefits.
Blog / 01.03.19 /Jack Malley
Subway Franchisee Called to Task by EEOC for Sexual Harassment of Job Applicants
On November 29, 2018, the EEOC and Draper Development, LLC, a Subway franchisee operating 24 Subway restaurants in the Albany area, entered into a Consent Decree arising from texts sent by a Schenectady store manager seeking sexual favors from two 17-year-old job applicants.
Blog / 11.30.18 /Jack Malley
Ninth Circuit Finds Employer Not Liable For Employee’s Alleged Groping Of Co-Worker
In Robello v. Mandalay Corp. the plaintiff, Deborah Robello, a bartender employed by the Mandalay Bay Resort and Casino in Las Vegas, alleged that a male bartender, Jesse Estrada, groped her breast while Robello handed him several bottles of wine. Estrada denied Robello’s allegation. Robello subsequently sued the casino for creating and tolerating a hostile work environment based on sexual harassment. The U.S. District Court for the District of Nevada dismissed Robello’s claim against the casino and she appealed.
Blog / 10.26.18 /Jack Malley
Deadline For New York State Employers To Provide Sexual Harassment Training Extended To October 9, 2019
Please be advised that the state has announced that the deadline to provide the training has been extended to October 9, 2019.
Blog / 10.05.18 /Jack Malley
Judge Dismisses Warner Wolf’s Age Discrimination Claim Against Imus
On September 27, 2018, Hon. James E. d’Auguste dismissed the age discrimination lawsuit that Warner Wolf commenced against Don Imus earlier this year in Supreme Court, New York County.
Blog / 09.20.18 /Jack Malley
New York Employers Required To Provide Sexual Harassment Training By January 1, 2019
As we previously reported, the New York State Sexual Harassment Law passed in April 2018 required all employers to:
Adopt the policy prohibiting sexual harassment in the form promulgated by the New York State Department of Labor (the “NYSDOL”) in consultation with the New York State Division of Human Rights, or adopt another policy that equals or exceeds the standards set by NYSDOL; and
Provide annual sexual harassment training for all their employees.
Blog / 08.10.18 /Jack Malley
Columbia U. Professor Awarded $1.25 Million For Retaliation After Her Report Of Sexual Harassment
On July 27, 2018, former Columbia University finance professor, Enrichetta Ravina, was awarded $750,000 by a SDNY jury to be paid by the University and Geert Bekaert, the professor who allegedly harassed her, and $500,000 in punitive damages to be paid by Bekaert only.
Blog / 07.20.18 /Jack Malley
Third Circuit Decision Sustaining Sexual Harassment Claim Influenced By Impact Of #MeToo Movement
On July 3, 2018, the Third Circuit issued a decision indicating that the #MeToo Movement has caused judges to be more cognizant of the fear of retaliation that victims of sexual harassment frequently feel.
Blog / 07.02.18 /Jack Malley
Wal-Mart Prevails Against Sympathetic Reasonable Accommodation Plaintiff
Sophisticated employers are well-schooled in their obligations to engage in an interactive process to determine if a reasonable accommodation can be provided to an employee with a disability. And some employers will err on the side of providing an accommodation even if the employee cannot perform an essential function of the job.
Blog / 06.08.18 /Jack Malley
Supreme Court Opens Door For Employers To Require Employee Class Action Waivers
In a long awaited and hotly contested case, the United States Supreme Court has upheld an employer’s right to require employees to waive their right to commence or join class and collective action lawsuits against their employer. This decision, in Epic Systems Corp. v. Lewis, provides a powerful mechanism for an employer to reduce the risk of costly and time-consuming multi-plaintiff litigation.
Blog / 05.30.18 /Jack Malley
Employment Law Update
All employers should be concerned about the recently passed New York State Sexual Harassment Law. The law requires all employers to comply with the following new requirements by October 9, 2018…
Blog / 04.09.18 /Jack Malley
Jury Awards Age Discrimination Claimant $200,000 For Retaliation
The verdict last month in Konsavage v. Mondalez Global, LLC, Case No. 3:15-cv-01155 (M.D. Pa.) provides another example of the difficulty in predicting the outcome of a retaliation claim – even where the underlying discrimination claims appear to be weak.
Blog / 03.13.18 /Jack Malley
Jury Hits Hospital With $3.8 Million Verdict For Failing To Protect Employee From Harassment
On March 2, 2018 a Hawaii jury awarded a nurse $3.8 million on her claim that her employer, a hospital, ignored her reports of racial discrimination and harassment. The incidents occurred after the nurse reported a coworker for failing to safely care for patients in the intensive care unit. The nurse received a retaliatory note that contained racially charged language, including the “N” word. After the two people suspected of planting the note were interviewed by the hospital, a picture of a noose was taped to the nurse’s locker.
Blog / 02.15.18 /Jack Malley
Spotlight on Hon. Robert A. Spolzino
The Westchester County Bar Association features Hon. Robert A. Spolzino in it’s February Member Spotlight.
Blog / 02.01.18 /Jack Malley
Who Pays For Repairs?
A small Manhattan co-op was struggling with a question: “Who’s responsible for replacing an air-conditioner sleeve? The sleeve was in place when the unit was sold by the sponsor to the current owner. The owner is happy to split the replacement cost with the board, but the board wants the owner to pay the entire amount.”
Blog / 02.01.18 /Jack Malley
The Money Vanishes
And Queens co-ops and condos are suing one another to get it back.
Blog / 12.27.17 /Jack Malley
NLRB Announces New Standard Governing Workplace Rules
On December 14, 2017, the NLRB reversed the portion of an Administrative Law Judge’s 2014 decision that barred The Boeing Company’s rule prohibiting the use of cell phones to capture images or take video on company grounds. [1] In doing so, the NLRB overruled the standard set forth in the 2004 Lutheran Heritage decision [2], namely that a workplace rule is unlawful even if it does not explicitly restrict activity protected by Section 7 of the NLRA ( i.e. , employees’ right to self-organize), if “employees would reasonably construe the language to prohibit Section 7 activity.”
Blog / 12.06.17 /Jack Malley
Spotlight on Jacob Amir
The Westchester County Bar Association features Jacob Amir in it’s November Member Spotlight.
Blog / 11.21.17 /Jack Malley
Board Recoups Legal Costs After Evicting Smoker
Some co-op and condo boards are penny wise pound foolish. And then there’s the board at an 80-unit co-op in Wheatley Heights, Long Island, which decided to spare no expense when it set out to evict a shareholder who repeatedly flouted the co-op’s smoking ban. It was a gamble that came with no guarantees and could have cost the co-op a bundle in legal fees.
Blog / 11.17.17 /Jack Malley
Effective Anti-Harassment Policies Must Start At The Top Of The Organization
The continuing public exposure of sexual harassment by powerful executives and celebrities has shed light on the need for effective policies to prevent sexual harassment in the workplace.
Blog / 11.08.17 /Jack Malley
House of Representatives Passes Bill Narrowing Joint-Employer Definition
On November 7, 2017, the U.S. House of Representatives passed a bill narrowing the definition of “joint employer” issued in 2015 by the National Labor Relations Board in the well-publicized Brown-Ferris Industries matter.
Blog / 10.31.17 /Jack Malley
Employers Beware: New York City’s New Salary History Law Is Effective As Of October 31
On October 31, 2017 New York City’s new salary history law goes into effect. The law, which applies to private employers of any size, bars employers from inquiring about a job applicant’s salary history, but permits employers to request an applicant’s compensation demands. The law also bars employers from seeking salary history information from an applicant’s current or former employers. New York City employers should review all job application forms to exclude questions about salary history, and train all interviewers to assure compliance with the law.
Blog / 10.10.17 /Jack Malley
The Cooperator Expo 2017
Please join us at this year’s Co-op Expo on November 2, 2017. Partners Ken Jacobs & Domenick Tammaro are teaming up for a seminar at 2:30 to speak on the do’s and dont’s of dealing with problem residents.
Blog / 10.10.17 /Jack Malley
Hon. Sylvia G. Ash Enforces Purchase Contract Executed by Attorney Only
In Yerushalmi Holdings, LLC v. Olumo Real Estate Corp., 2017 Slip Op. 30855(U) (Kings Cty. Sup. Ct.), Kings County Supreme Court recently enforced a contract signed by a party’s attorney that contained un-initialed handwritten changes.
Blog / 09.14.17 /Jack Malley
Should I Get an Employment Attorney?
When it comes to your job, do you need the services of an employment attorney? There is a fine line when it comes to hiring legal guidance, but if you are still not sure after reading this article then it cannot hurt to consult an attorney. They will ultimately be able to give you the best information pertaining to your legal matters. While not every lawyer is created equal and not every lawyer you see is going to be on the same level, it is important to find a lawyer you can rely on and work with them when discussing employment issues. Read on to find out whether you should get an employment lawyer or at the very least go in for a consultation.
Blog / 08.22.17 /Jack Malley
Consulting a Commercial Real Estate Attorney About Real Estate
The world of real estate can be complicated and even be intimidating for people who are new to it. Breaking down what’s going on in the field often involves figuring out where you stand in it. Zoning in on what type of real estate you would like to buy or sell will help you figure out where you’re going. Whether you’re going into residential real estate or commercial, real estate involves legal intricacies and details. When it comes to this, real estate lawyers might be very helpful.
Blog / 07.12.17 /Jack Malley
Do You Need a Business Lawyer?
Do you need an experienced business lawyer on your side?
For many people, it can be tough to know when you need to call an attorney. However, just like with a medical issue, if you think that you might need a business attorney then you probably do. It’s better to consult with a lawyer and know for sure than to potentially face negative consequences because you needed one and didn’t get it.
Blog / 06.16.17 /Jack Malley
Second Department Rejects Yellowstone Application where Tenant’s Default was not Curable
Real estate veterans are well familiar with the court order known as a Yellowstone injunction, which is sought by a commercial tenant to stop a landlord’s termination of its lease. In order to obtain the injunction, a tenant must demonstrate that: (1) it holds a lease, (2) its landlord served a notice to cure, (3) the tenant sought the Yellowstone injunction prior to the expiration of the cure period, and (4) the tenant has the ability and desire to cure the alleged default.
Blog / 06.01.17 /Jack Malley
Appellate Division Rejects Finder’s Fee Claim
The recent decision issued by the First Department in Multi-Capital Group LLC v. Karasick, et al, 149 A.D.3d 437 (1st Dep’t April 6, 2017) provides a good set of facts to comprehend when a finder’s fee claim is viable. That case concerned the sale of the U.S. Steel Tower Building in Pittsburgh. The plaintiff submitted the winning bid to purchase the building via a letter of intent that included a $348 million purchase price. However, the plaintiff’s principal never actually intended to purchase the building. Rather, he intended to procure investors who would do so.
Blog / 06.01.17 /Jack Malley
First Department Blesses Customary Rent Prove-Up Practice Utilized by Commercial Landlords
The recent decision in Moon 170 Mercer, Inc. v. Vella, 146 A.D.3d 537, 45 N.Y.S.2d 415 (1st Dep’t 2017) blesses the practice commercial landlords customarily utilize to prove-up the rent for which a tenant or guarantor is liable. In this case, the First Department granted summary judgment to the commercial landlord against the guarantor and held: “[t]he damages calculation spreadsheet on which plaintiff relies in its motion for summary judgment is a ledger maintained in the ordinary course of business…and plaintiff’s vice president’s affidavit explaining the calculations and the spreadsheet suffices to authenticate the document.”
Blog / 06.01.17 /Jack Malley
Commercial Division Rejects Landlord’s Application to Vacate Arbitration Award Establishing Fair Market Rent to be Paid by McDonald’s Restaurant
The recent decision by Hon. Shirley Werner Kornreich in Broadway Retail Owner, LLC vs. McDonald’s Corp., No. 651884/2014, 2017 N.Y. Slip. Op. 50011(U), 54 Misc.3d 1206(A) (Supreme Court, New York County, Jan. 9, 2017) concerned a very common provision in commercial leases, which established future rent based upon a percentage of the fair market rent (“FMV”), and provided that if the parties could not agree on the FMV, the issue would be resolved by a binding arbitration. The FMV percentage amount in McDonald’s was 90%.
Blog / 06.01.17 /Jack Malley
Hon. Sabrina B. Kraus Orders Seller to Return Purchaser’s Down Payment
The recent decision in Gonzalez v. Char & Herzberg, LLP, 2017 WL 1031941 (Bronx County Mar. 13, 2017) concerned a dispute that frequently arises after a deal blows up – whether or not the purchaser has the right to recover her down payment. The purchaser agreed to purchase a single-family home located in Bronx County and delivered a $20,000 down payment to the escrowee. The contract of sale included a mortgage commitment contingency, which conditioned the purchaser’s obligation to close on a lender’s commitment to issue a $495,000 loan for a term of at least 30 years within 45 days.
Blog / 06.01.17 /Jack Malley
Appellate Division Kills Commercial Lease Guaranty Claim for Failure to Submit Original Agreement at Trial
In 76-82 St. Mark’s, LLC v. Gluck (Supreme Court, Kings County) a commercial tenant sought to recover damages for breach of a guaranty agreement. At trial, the landlord’s counsel attempted to enter into evidence a faxed copy of the agreement that was missing two lines on the second page. The trial judge denied admission of the copy and granted the tenant’s motion to dismiss the case on the ground that the landlord failed to meet its burden of proof.
Blog / 05.18.17 /Jack Malley
3 Ways a Commercial Litigation Attorney Can Help Your Firm
When it comes to litigation, this area is growing by the day. This specialty of law is really beginning to drive not only revenue at law firms but their legal hiring as well. A survey by Robert Half Legal found that up to thirty percent of the hiring that legal departments and law firms do is in this area, filling crucial positions for commercial litigation.
Blog / 04.17.17 /Jack Malley
Condos and Co-Ops: Taking on the Secondhand Issue?
When it comes to your housing, is prohibiting smoking in place? Many residential co-op and condo boards are finding that cigarette smoking regulations are a hot button issue. Whether they are able to impose bans on what residents are allowed to do in the privacy of their own home, and whether they should do so or pursue other ways to cut back on secondhand smoke affecting residents is another matter.
Blog / 03.30.17 /Jack Malley
Civil Litigation Cases 101
When it comes to civil litigation cases, are you up to date? A civil litigation is the result of two or more parties that are involved in a legal dispute and are seeking something other than criminal sanctions, such as money. In these types of cases, they must be tried in a courtroom and a judge or jury will weigh in on the matter and ultimately decide the result. Read on to find out more about these types of cases.
Blog / 03.20.17 /Jack Malley
The Implications of Trump Administration in Wage and Hour Litigation: What You Need to Know
Michael Mauro will be participating in a live webcast regarding The Implications of Trump Administration in Wage and Hour Litigation on March 27, 2017 from 3 pm – 4 pm.
Blog / 02.28.17 /Jack Malley
All About Intellectual Property Law
When it comes to Intellectual Property Law, do you know your stuff? This is a law that outlines the rules when it comes to getting and enforcing the legal right to a variety of things such as art, design, inventions, and more. That’s because laws protect personal property, real estate, and also intangible assets and their control.
Blog / 01.26.17 /Jack Malley
5 Real Estate Laws That Real Estate Owners Need to Know
When it comes to commercial real estate law, there’s a lot to take in. With so many laws that exist on the books for federal, state, and local laws, it can be pretty confusing. Commercial real estate laws can be so befuddling and complicated that at the end of the day, you really require a lawyer to help you sort through everything. The average person isn’t going to know the ins and outs of the laws on real estate, and when it comes to real estate, when you’ve got money and time invested you really don’t want to get it wrong.
Blog / 01.05.17 /Jack Malley
Board Business Through a Legal Lens
Watch Ken Jacobs give a lesson on Sexual Harassment featured in the HabitatU course Board Business Through a Legal Lens.
Blog / 01.04.17 /Jack Malley
Court of Appeals Upholds Contractual Limitation on Co-op Board’s Power to Deny Transfer Applications
In most instances, decisions of a cooperative board are reviewed by courts under the business judgment rule. The business judgment rule provides that a court should defer to a cooperative board’s determination so long as the board acts for the purposes of the cooperative, within the scope of its authority and in good faith.
Blog / 01.04.17 /Jack Malley
SBJ And Jack Malley Obtain Unanimous First Impression Decision From The Court of Appeals Regarding A Co-op Board’s Duty To Act Reasonably Where The Proprietary Lease So Provides
In most instances, decisions of a cooperative board are reviewed by courts under the business judgment rule. The business judgment rule provides that a court should defer to a cooperative board’s determination so long as the board acts for the purposes of the cooperative, within the scope of its authority and in good faith.
Blog / 12.15.16 /Jack Malley
What to Do When You Need a Lawyer as an Employer
Employment law is always changing. Unfortunately, that means that you’re going to have a harder time trying to understand laws on your own. Governments and courts constantly interpret the laws in different ways, so even when you think you have a good grasp of the law there is usually a precedent that has been set that makes everything more difficult. When you start to understand that even a weak case that is made strongly can result in damages awards and potentially bankrupt you, you see why taking legal action and hiring good defensive help is so necessary.
Blog / 12.12.16 /Jack Malley
The Yellowstone Injunction, a Practical Application
Many commercial landlords and tenants are readily familiar with the term “Yellowstone injunction,” which enjoins a landlord’s termination of the subject lease until a lawsuit commenced by the tenant determines the merits of the alleged default. To obtain a Yellowstone injunction, a tenant must demonstrate that: (1) it holds a lease, (2) the landlord served a notice to cure, (3) the tenant sought the Yellowstone injunction prior to the expiration of the cure period, and (4) the tenant has the ability and desire to cure the alleged default.
Blog / 12.12.16 /Jack Malley
Commercial Landlord Can Waive “No-Waiver” Clause In Lease
Commercial leases typically contain a “no-waiver” clause that provides, among other things, that no payment by the tenant of less than the full monthly rent shall constitute a waiver of the right of the landlord to collect the full rent amount, and that the receipt by the landlord of rent with knowledge of the tenant’s breach of any covenant within the lease shall not be deemed a waiver of such breach. However, landlords should be aware that the rights that are set forth in such “no-waiver” clauses can be waived. TSS-Seedman’s Inc. v. Elota Realty Company, 72 N.Y.2d 1024, 1027, 531 N.E.2d 646, 648, 534 N.Y.S.2d 925, 927 (1988).
Blog / 10.13.16 /Jack Malley
Appellate Division Reinforces The Risks Of Filing A Defective Notice Of Pendency
Under CPLR § 6501, a party to an action may file a notice of pendency if the judgment she demands “would affect the title to, or the possession, use or enjoyment of, real property.” The filing of the notice constitutes constructive notice to future purchasers and lenders who are “bound by all proceedings taken in the action after [the] filing to the same extent as a party.” Pursuant to CPLR § 6514(b), a court may grant a motion cancelling a notice of pendency upon the application of an aggrieved defendant who demonstrates that the plaintiff did not commence or prosecute the action in good faith. A court may issue an order awarding a defendant her attorneys’ fees and costs where the court finds that the plaintiff frivolously clouded the defendant’s title or did so in bad faith.
Blog / 10.06.16 /Jack Malley
Propose a “No Smoking” Amendment
Secondhand smoke has been deemed by the courts to create an automatic nuisance. Many co-op and condo boards have already passed regulations barring smoking within the common areas of the building (such as lobby and hallways). However, boards continue to have a hard time dealing with complaints about smoke escaping from individual units into hallways or infiltrating into other apartments.
Blog / 10.05.16 /Jack Malley
SBJ And Jack Malley Obtain Impactful Decision In Hot Franchisor Liability Area
In Ocampo, et al v. 455 Hospitality LLC , Doubletree Franchise LLC, et al, SBJ represents approximately 100 plaintiffs who are current or former employees of a Doubletree franchise hotel located in Tarrytown, New York who allege that the franchisee and Doubletree Franchise LLC, the Doubletree franchisor entity, failed to pay plaintiffs minimum wage, overtime pay, gratuities and tips in violation of federal and state law.
Blog / 10.04.16 /Jack Malley
Do You Need a Social Media Policy?
David Menken Interviewed in Habitat Magazine on a Coop’s Need for a Social Media Policy.
Blog / 10.03.16 /Jack Malley
Navigating the Transition to Independent Owner Control
Ken Jacobs contributes to Community Association Institute article regarding transitioning condominiums from developer control to independent owner control.
Blog / 10.01.16 /Jack Malley
David Menken Speaks To Fire Commissioners On Legal Implication of Fire Department Use of Social Media
David Menken spoke to the Westchester County Association of Fire Districts on August 26, 2015 on legal issues involving fire department use of social media.
Blog / 05.25.16 /Jack Malley
Unveiling The Changes to Federal Overtime Exemption Rules
Michael Mauro will be participating in a live webcast regarding The Changes to Federal Overtime Exemption on May 25, 2016 from 3 pm – 5 pm.
Blog / 05.12.16 /Jack Malley
David Menken To Present on Cyber Security for Lawyers and Law Firms
David Menken will be participating Thursday, May 12th in a seminar sponsored by the Westchester County Bar Association on “Cyber Security: How Confidential Is Your Confidential Information; Threats, Exposures & Solutions.” Information on the seminar, for which CLE credit will be offered, is at the Bar Association’s web site.
Blog / 11.06.15 /Jack Malley
Enforce a Smoking Ban
Kenneth Jacobs explains how a condominium associations can enforce a smoking ban in the November 2015 issue of Habitat Magazine.
Blog / 06.02.15 /Jack Malley
David Menken Presents in Albany on Legal Issues Involving Government Use of Social Media
David Menken gave a presentation on legal issues involving use of social media by local governments in Albany, New York on June 2, 2015 to government officials and information technology specialists at the New York State Office of Information Technology Services Cyber Security Conference His talk centered on two of the most important issues facing local governments which utilize social media: first amendment considerations and compliance with record retention, open meetings and freedom of information laws.
Blog / 04.13.15 /Jack Malley
Welcome to the Firm!
Smith, Buss & Jacobs, LLP is proud to announce that Michael Mauro, who focuses his practice on labor and employment law, is now Of Counsel to the Firm. Michael has been recognized as a Super Lawyer in the field of Labor and Employment law in recognition of his accomplishments.
Blog / 03.13.15 /Jack Malley
David Menken Joins the Board of the Hudson River Museum
David Menken has joined the Board of Trustees of the Hudson River Museum, one of the premiere art museums in the New York metropolitan area and Westchester County’s largest museum.
Blog / 03.13.15 /Jack Malley
David Menken Presents on Data Security Awareness
David Menken, who specializes in information technology, privacy and data security at SBJ, today gave a seminar in data security awareness to the staff of a New York not-for-profit corporation which has access to private information of New York State residents.
Blog / 02.13.15 /Jack Malley
SBJ Sponsors Habitat’s February Issue
Habitat Magazine’s February Issue features our new Smith, Buss & Jacobs, LLP video.
Blog / 02.13.15 /Jack Malley
Becoming Proactive about Law Firm Cyber Security By David Menken
“During the early morning hours of June 27, 2014 a hard drive containing backup files for one of the firm’s servers was stolen from the locked trunk of an employee’s vehicle…. We have confirmed that the hard drive may have contained your name, birthday, Social Security number, driver’s license and contact information, such as your home address, email and phone number.”
Blog / 01.13.15 /Jack Malley
Tarrytown Doubletree workers claim wage abuse
Smith, Buss & Jacobs partner Jack Malley commences $2 million lawsuit against Doubletree Hotel for failure to pay banquet waiters minimum wage, overtime wages, tips and gratuities.
Blog / 01.13.15 /Jack Malley
Ryan Kaupelis joins SBJ
Ryan P. Kaupelis has joined the firm as an associate in the litigation department. Ryan’s practice focuses on commercial and real estate litigation.
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