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Discovery (or, as it is called in Manhattan, “disclosure”) encompasses the various methods of obtaining information in a lawsuit. In Manhattan, discovery includes depositions on oral questions, depositions outside the state on written questions, interrogatories, demands for addresses, discovery and inspection of documents or property, physical and mental examinations of people, and requests for admissions. Clients sometimes ask this author…Read More
In Manhattan, NY, the managing member of a limited liability company (an “LLC”) owes a fiduciary duty to the LLC’s other members. This means that the LLC’s managing member and the entity’s other members are in a relationship of trust and confidence under which the managing member is bound to exercise the utmost good faith and undivided loyalty toward the…Read More
Yes. Federal employees who are eligible for Temporary Continuation of Coverage (“TCC”) receive the same extensions of the 65% continuation health coverage subsidy as do employees in the private sector. According to the federal employees health benefits blog maintained by Ermer & Brownwell PLLC, the Department of Defense Appropriation Act for Fiscal Year 2010 (the “DOD Act”), which takes effect…Read More
An appeal as of right to New York’s Appellate Division must be taken within 30 days after the appellant has been served with a copy of the objectionable judgment or order, with notice of its entry. N.Y. C.P.L.R. 5513(a). Not until that service will the 30 days begin to run, and it makes no difference that the appellant knows of…Read More
On December 23, 2009, the Manhattan County Supreme Court denied the motion to dismiss of the law firm defendant, and held that the plaintiff, a former associate at the firm, stated a cause of action for violation of an oral contract to pay the plaintiff one-tenth of the legal fees that the firm collected in any cases which the plaintiff…Read More
Last June, the State of New York enacted a statute, amending section 3221(m) of the New York Insurance Law, that lengthens continuation health coverage to 36 months. As a result, group insurers to which New York insurance law applies are required to offer continuation health coverage on termination of employment for 36 months, notwithstanding that the federal COBRA law mandates…Read More