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
Tag: New York
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’
Calculating Actual Cash Value, Part 5: New Jersey and New York
Shane Smith | Property Insurance Coverage Law Blog | February 22, 2015 Since many attorneys in our firm are litigating numerous Superstorm Sandy claims on behalf of policyholders in New Jersey and New York, this week’s post on calculating actual cash value will focus on these two states. To determine actual cash value, New Jersey courts… Continue reading Calculating Actual Cash Value, Part 5: New Jersey and New York
New Jersey/New York “Occurrence”
Scott Patterson – CD Coverage In National Union Fire Insurance Co. of Pittsburgh, PA v. Turner Construction Co., 986 N.Y.S.2d 74 (N.Y. App. Div. 2014), Turner was the general contractor for a high rise office building constructed in New Jersey for owner GSJC. Turner subcontracted with Permasteelisa for the building’s exterior curtain wall which consisted… Continue reading New Jersey/New York “Occurrence”
New York Scaffolding Law Reform: A Step Backward In Worker Safety
June 14, 2013 There are so-called reformers who are trying to weaken the New York scaffolding law that protecs workers and requires owners and contractors to provide safety equpment and traing to keep workers safe. On Sept. 17, 2008, a 37-year-old Bronx laborer was removing pipes from a warehouse ceiling when he was instructed to… Continue reading New York Scaffolding Law Reform: A Step Backward In Worker Safety