LIEB BLOG

Legal Analysts

Monday, April 30, 2018

Renewing An Expired Real Estate License in New York

A licensee (salesperson or broker) can renew their license anytime within two years of the expiration date. Of course they cannot use the license once it is expired, but they do have two years to renew it before any penalties are imposed.

If the license is expired and has not been expired for over two years, they can renew the license online as long as there is a broker of record in place and they have completed the required continuing education. If they were terminated/cancelled by their previous broker, a broker must pick them up using the brokers eAccess account before they can submit an online renewal.   

If the license has been expired for over two years, the record becomes null and void. At this point the licensee must retake and pass the NY licensing examination and can then reapply for a license. No continuing education is required to reapply as they are starting over. No qualifying education is required as long as they have a record in the Department of State system or can prove that they were previously issued a license.

Wednesday, April 25, 2018

Sexual Harassment Protections Extended to Independent Contractors in New York State


As of April 12, 2018, companies in the State of New York are now exposed to liability for harassment of independent contractors in the workplace.  The text of the new law can be found here. The New York State Human Rights Law previously only protected employees from sexual harassment.  While the statute does not specify whether companies can be held liable for acts of their independent contractors who sexually harass other independent contractors, the statute does state that when determining whether a company is liable for the acts of the harasser, the “extent of the employer’s control and any other legal responsibility which the employer may have with respect to the conduct of the harasser” should be considered.  This language appears to imply that companies such as real estate brokerages which subject independent contractors to substantial supervision (as required by 19 NYCRR §175.21(a) and Real Property Law §441(1)(d )), would be exposed to liability for all acts of harassment committed by their independent contractors.  It is thus imperative that brokerage firms immediately implement sexual harassment policies and trainings for their independent contractors in addition to their employees to mitigate potential exposure.  

Friday, April 20, 2018

Lieb at Law Welcomes Mordy Yankovich

Lieb at Law, P.C. is thrilled to announce Mordy Yankovich has joined the litigation team. Mordy's practice focuses on corporate, real estate and employment litigation and compliance. Mr. Yankovich represents companies in all aspects of litigation in federal and state courts and before administrative agencies. He prides himself on advocating zealously for his clients while providing constructive and honest counsel to achieve the best possible result.

In addition to litigating matters, Mr. Yankovich advises clients on compliance with federal, state and local laws and conducts trainings for employers, including anti-discrimination and anti-harassment trainings, to minimize clients’ potential exposure. Prior to working at Lieb at Law, P.C., Mr. Yankovich was a litigation associate with Jackson Lewis, P.C., a national law firm focusing on labor and employment law.

Mr. Yankovich is admitted to practice law in New York and New Jersey state courts, the U.S. District Court for the Eastern and Southern Districts of New York and the U.S. District Court of New Jersey. He received his law degree from Hofstra University School of Law where he was an articles editor of the Labor and Employment Law Journal and a member of the Dean’s List. Prior to law school, Mr. Yankovich graduated from Boston University with a B.S. in Public Relations and a minor in Economics.

When not advocating on behalf of his clients, Mr. Yankovich enjoys playing golf and tennis, creative writing, following the stock market, and spending quality time with his wife and 2 children.

Friday, April 13, 2018

2018 is All About Real Estate Law | Special Real Estate Issue From The Suffolk Lawyer

Andrew Lieb Esq, put together a special real estate section of the Suffolk Lawyer's April 2018 addition. Included in the section are the following articles:

  • Considerations When Planning a Real Estate Investment Business by Sabie Franco
  • The Effect of a Discontinuance on the Mortgage Foreclosure Statute of Limitations Period by Christopher Gorman and James Wighaus
  • Condo and Co-op Boards Beware - Discrimination in Housing by Dennis Valet
  • Don't Slip Up Handling a Slip and Fall Deposition by Kenneth Landau

These articles are designed to ground educate and inspire us. They are the foundation of what is today because without learning about today, we cannot be prepared to leverage tomorrow.

To read the full section, click here. 

Condo and Co-op Boards Beware - Discrimination in Housing

Condominiums and cooperatives, especially high-end associations, are infamous for their lengthy, comprehensive, and often draconian purchase applications, by-laws, and house rules. In their quest to ensure that prospective new purchasers will be the proverbial “good neighbor” it is easy for a board of managers to inadvertently take discriminatory actions that expose the board to liability. This article examines some common issues a board of managers should consider when hiring an attorney to craft or review purchase applications, by-laws, and house rules that ensure compliance with ever-changing local, state, and federal discrimination laws.

To read the full article by Dennis Valet, Esq, click here. 

Monday, April 09, 2018

CLE Materials - The Top Real Estate Laws of 2017

Available here are all cases, statutes, and other supporting materials for the CLE, The Top Real Estate Laws of 2017, sponsored by First American Title, presented on Monday, April 9, 2018 at the The Omni Building.

Click HERE for downloadable materials. 

Wednesday, March 28, 2018

Lieb at Law is Hiring | Real Estate Attorney | Unique Opportunity To Run Transaction Practice | Smithtown

Transaction Attorney: Resumes to careers@liebatlaw.com

Lieb at Law, P.C. seeks an experienced transaction attorney to join our boutique firm as we rapidly expand our footprint. This is the right position for an attorney looking to leverage our 7,000 + contacts in the real estate brokerage world. If played right, you can be the most sought after commercial and residential transactional attorney in the Long Island / NYC region.

The firm services the New York Metro area, inclusive of the Hamptons and Manhattan, and represents the largest real estate brokerage and title companies in the State of New York. Moreover, the firm’s sister company is one of the largest real estate schools in the state offering in-person and digital continuing education classes to real estate brokers and salespersons. In the summer of 2018, the firm is moving to Smithtown and opening up a new state of the art training facility and headquarters. We are looking for someone to lead and grow what can be the largest transaction department in the State. Those that succeed and prove themselves have the opportunity to become a partner at the firm.

The firm’s practice areas include:

Litigation: Commercial Litigation, Real Estate Litigation, Real Estate Brokerage Litigation, Title Litigation, Plaintiff Personal Injury, Landlord/Tenant, Discrimination and Estate Litigation.
Legal Compliance for Regulated Industries: Outside Compliance Counsel for regulated professions, Policy Drafting, Policy Implementation, Auditing, Corporate Compliance Trainings. Focus on real estate brokerage and title insurance industries.
Estate Planning and Probate: Last Wills, Advance Directives, Trusts, and Probate Administration.
Transactions: Commercial and Residential Real Estate Purchase and Lease Transactions, Business Transactions and Negotiations.
Qualifications:
Lieb at Law’s transactional practice represents commercial clients and individuals in real estate and business transactions. Candidates must have a minimum of 4 years of experience drafting, structuring and negotiating contracts and leases. Be prepared to explain the legal bases for specific title exceptions and your strategy to clear these title issues if you want the job. Candidates must be impeccably organized and technologically savvy as the firm is a paperless office that leverages cloud based systems to streamline operations. Most importantly, the candidate must be a hustler, who wants to leverage substance rather than emotion, when getting the job done yesterday. The firm’s motto is “no case, no statue, no talk”.
Commercial and Residential Transactions:
  • Purchases & Sales for Single Family / Vacation (Second) Homes, Multi-Family Homes, Co-ops, Condos, New Construction, Short Sales, Vacant Land 
  • Commercial Sales / Purchases for Stand Alone Buildings, Shopping Centers / Strip Malls, Hotel / Motels, Entity Transfer Agreements, Religious Institutions, Operator / Master Tenant Agreements and more… 
  • Commercial / Residential Leasing 
  • Deed Transfers 
  • Land Use & Zoning Advice & Applications 
  • Promissory Notes & Mortgages 
  • Property Management
Business Transactions and Negotiations:
  • Purchases & Sales (UCC Filings / Bulk Sale Transactions) 
  • Drafting & Negotiation of Commercial Contracts 
  • Drafting Legal Viability Reports for Business Planning 
  • Business Structuring & Startup Counseling 
  • Organization of New Businesses, Formation of Corporations, Partnerships, LLCs and more
  • Shareholder / Membership Agreements 
  • Drafting Form Contracts 
  • Drafting & Advice for Policy Manuals 
  • Intellectual Property Copyright / Trademark Filings & Licensing Agreements 
  • Regulatory Advice, Compliance & Advocacy


Lieb at Law is Different:
The law firm’s sister company, Lieb School, offers in-person and digital courses throughout New York State and Connecticut. Lieb at Law, P.C. attorneys draft curriculum and teach at the school where they have the opportunity to establish themselves as topical experts and drive the future of the real estate brokerage industry.  Lieb Attorneys will have the opportunity to leverage the firm’s state of the art training center for business development.

About the Firm:
The firm was founded in 1977. In 2009, Andrew Lieb acquired control of the firm and transformed its legal services from a general practice to a commercial litigation and transaction boutique focusing on real estate and legal compliance for regulated industries.

The firm’s litigation practice is driven by leveraging informational imbalances to win cases. This is a substance first law firm where data drives decision making and strategy.

To achieve the firm’s information focused litigation culture, staff have access to cloud-based legal research platform so the latest cases are available to our legal team everywhere, including within the courtroom. Next, a secure, cloud-based case management system catalogs every thought and action on each client’s matter. As a result, case facts are readily accessible through the stroke of a computer key, instead of being locked away in one attorney’s memory or private paper notes in some desk draw. Finally, enterprise file sharing, storage and collaboration software is utilized to enable the efficient collaboration between attorneys where case strategy and document preparation benefits from fresh and innovative group think.

Lieb at Law’s latest research and collaboration tools extend to the firm’s transactional team, which ensures that contractual language is driven by our real life experiential learning from our contractual litigating practice.

Lastly, we publish and teach the law that we practice in order to always stay on the cutting edge. Lieb at Law’s work product is a derivative of embracing education and technology to provide a modern law firm that is at the vanguard of representation.

About the Transaction Practice:
Lieb at Law ensures that contractual language is driven by the real life experience of our litigation practice. As a result, we advise and negotiate by performing a cost-benefit analysis for each provision that goes into our client’s contracts. Knowing the cost of litigation and likelihood of success on the merits for each term, through first-hand experience, enables us to succinctly know when to push and when to give in to achieve favorable agreements. Simply stated, we are a substance-based law firm, not a "because that’s how it's done" shop.

We are on the cutting edge of the law and frequently give lectures and continuing education to attorneys and real estate professionals throughout New York State. Our attorneys have drafted and published a complete set of transactional forms for the largest brokerage companies in the state, including policy manuals and the like. The firm’s Managing Attorney oversees the transactional practice and is a prolific author on real estate law topics, has served as the Chair of the Real Property Committee to the Suffolk Bar Association and is a regular contributor to the Journal of Real Estate Litigation and Condemnation of the American Bar Association, The New York Real Estate Journal, The Huffington Post, Dan’s Papers, Behind The Hedges, The Nassau Lawyer and The Suffolk Lawyer.


Wednesday, March 21, 2018

The End of Yellowstone Injunctions

The Appellate Division, Second Department, ruled on an issue of first impression in 159 MP Corp. v. Redbridge Bedford, LLC, that commercial tenants may waive declaratory judgment remedies in their written lease agreements and as such, landlords can now avoid Yellowstone injunctions through carefully crafting their lease agreements. All landlord’s counsel should include a provision in their leases mirroring the operative lease language. It would be wise for landlord’s counsel to expressly set forth broad consideration for the waiver of declaratory relief so that it is not subject to unconscionability analysis. 

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

Tuesday, March 20, 2018

Brand New FREE Lieb CE | Listing Agents - Claims of Ownership | Southampton


Date: April 19, 2018
Time: 3:30pm to 7:15pm
Instructor: Andrew Lieb Esq
Price: FREE, FUN WITH FOOD*
Location: 230 Elm in Southampton

*FOOD Provided by Class Sponsors: Douglas Elliman Real Estate, DE Title Services, Citizens Bank and Behind The Hedges (DANS PAPERS)

Wednesday, March 07, 2018

Lieb at Law is Hiring | Litigation Attorney | Complex Motion Writer | Legal Strategist | Smithtown


Lieb at Law, P.C. seeks an experienced attorney to join our boutique firm as we rapidly expand our footprint and seek new high quality litigators. The firm services the New York Metro area, inclusive of the Hamptons and Manhattan. In the summer of 2018, the firm is moving from Center Moriches to Smithtown and opening up a new state of the art training facility. We are looking for a complex motion writer / legal strategist to join our team. This is an opportunity for someone who wants to work on interesting and complex cases with endless career opportunities. This person will manage high profile commercial litigation cases (Plaintiff & Defense).

The firm’s practice areas include:

  • Litigation: Commercial Litigation, Real Estate Litigation, Real Estate Brokerage Litigation, Title Litigation, Plaintiff Personal Injury, Landlord/Tenant, Discrimination and Estate Litigation.
  • Legal Compliance for Regulated Industries: Outside Compliance Counsel for regulated professions, Policy Drafting, Policy Implementation, Auditing, Corporate Compliance Trainings. Focus on real estate brokerage and title insurance industries. 
  • Estate Planning and Probate: Last Wills, Advance Directives, Trusts, and Probate Administration.
  • Transactions: Commercial and Residential Real Estate Purchase and Lease Transactions, Business Transactions and Negotiations. 


Qualifications: 

Candidate must be seasoned in motion practice, oral arguments, depositions, and trial preparation. Appeals and Trials are a plus, but not required. Must be technologically savvy as the firm is a paperless office that leverages cloud based systems to streamline operations. Most importantly, the candidate must be a strategic and technical litigator who leads with substance rather than emotion. The firm’s motto is “no case, no statute, no talk”.

Lieb at Law is different: 
The law firm is a part-owner of a New York State Licensed Real Estate School, Lieb School, which offers in-class and digital courses throughout New York State and Connecticut. Lieb at Law, P.C. attorneys draft curriculum and teach at the school where they have the opportunity to establish themselves as topical experts and drive the future of the real estate brokerage industry.  

About the firm:
The firm was founded in 1977. In 2009, Andrew Lieb acquired control of the firm and transformed its legal services from a general practice to a commercial litigation boutique focusing on real estate and legal compliance for regulated industries. 

The firm’s litigation practice is driven by leveraging informational imbalances to win cases. This is a substance first law firm where data drives decision making and strategy.

To achieve the firm’s information focused litigation culture, staff have access to cloud-based legal research platform so the latest cases are available to our legal team everywhere, including within the courtroom. Next, a secure, cloud-based case management system catalogs every thought and action on each client’s matter. As a result, case facts are readily accessible through the stroke of a computer key, instead of being locked away in one attorney’s memory or private paper notes in some desk draw. Finally, enterprise file sharing, storage and collaboration software is utilized to enable the efficient collaboration between attorneys where case strategy and document preparation benefits from fresh and innovative group think.

Lieb at Law’s latest research and collaboration tools extend to the firm’s transactional team, which ensures that contractual language is driven by our real life experiential learning from our contractual litigating practice.

Lastly, we publish and teach the law that we practice in order to always stay on the cutting edge. Lieb at Law’s work product is a derivative of embracing education and technology to provide a modern law firm that is at the vanguard of representation.

Notable Clients:
  • Largest Real Estate Brokerage firm in the State of New York
  • Largest Title Insurance company in the State of New York
  • Lieb School: New York State / Connecticut Real Estate School
  • Small and medium size businesses and property owners 
  • High net worth individuals
To apply: Email Cover Letter & Resume to careers@liebatlaw.com