Freedom of Contract Ends Yellowstone Injunctions, What's Next?

Commercial landlords have been handed a major eviction victory by the state's highest court. However, this victory is only available to landlords who incorporates specific terms into their leases. Learn about those terms and you too can avoid a Yellowstone Injunction.

Read the full article by Andrew Lieb Esq. published in The Suffolk Lawyer here.

Supreme Court Rules That an Employer Can Forfeit its Right to Challenge an Employees Failure to Exhaust His or Her Administrative Remedies

The Supreme Court of the United States unanimously held that an employee’s failure to exhaust his or her administrative remedies in a discrimination claim pursuant to Title VII of the Civil Rights Act of 1964 (“Title VII”) does not divest the court of jurisdiction. An employer’s ability to challenge an employee’s failure to exhaust his or her administrative remedies may, thus, be waived if not raised in a timely manner.

Read the full article by Mordy Yankovich, Esq. published in The Suffolk Lawyer here. 

Real Tips HR: New Discrimination Standard in NYS Coming Soon

Jokes which previously did not rise to the level for discrimination in the State of New York because they weren't pervasive may now qualify for a claim. Learn how even non-employees can bring suit for being offended by sex jokes. It's time to get your sexual harassment training today at www.discriminationpreventiontraining.com

Housing Discrimination and Facebook

On Monday, Governor Cuomo called on the Department of Financial Services to investigate reports that state-regulated advertisers are using Facebook, Inc.'s advertising platform to discriminate against protected classes.

Real estate brokers and mortgage bankers are state regulated advertisers - you are warned.

Get into compliance today before it is too late - call Lieb Compliance at 646.216.8038 for an audit, policies and trainings.

Insurance Notice & Disclaimer of Coverage

On Eye on Real Estate this past Saturday, we discussed insurance and the need to provide timely notice in accordance with the terms of an insurance policy if you have an insurance claim.

Let me make this point completely clear - Do Not Trust Your Insurance Agent and make sure you give notice pursuant to the express terms of the policy if you have a claim. This is particularly true if you are being sued.

To understand the importance of this, you should read Insurance Law 3420 and the case of Villavicencio v. Erie Insurance Company.

Yes, it is true that the law's purpose and express language makes it very difficult for an insurer to disclaim coverage for insufficient notice. However, subsection (c)(2)(B) creates a lot of risk in an insured who is relying on the language of the statute to avoid disclaimer if such insured receives a summons and complaint in a lawsuit. (c)(2)(B) explains that if an insured defaults in a court case prior to notifying their insurer, that insurer can properly disclaim coverage. Additionally, subsection (c)(2)(B) creates further risk because it provides that if failure to notice impairs the ability to investigate or defend, the policy can likewise be disclaimed.

So, please don't just trust a law designed to protect consumers, instead - NOTICE YOUR INSURER WHEN YOU ARE SUED.

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