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We found 1,569 results for "New York Real Estate Law Reporter"...

Southern District
Beginning March 1, 2004, 21 Southern District judges began participating in the district's Electronic Case Filing (ECF) system.
Decisions of Interest
The latest rulings of importance to you and your practice.
The Eagle Eats First
Experienced employment lawyers know that getting both sides to say "yes" to settlement is a complicated task. The 1996 amendments to the tax code eliminating the previous exclusion of emotional harm damages from taxable income complicated the already difficult question of how to maximize the value of limited dollars to encourage settlement. With fewer options to maximize the value of limited settlement dollars, ultimately the tax consequence of the settlement becomes everyone's problem.
Amendments to Local Rules Take Effect
The Local Civil Rules for the Southern and Eastern Districts of New York regarding motions for Reconsideration or Re-argument, and Statements of Material Facts on Motions for Summary Judgment, have been amended effective March 26, 2004.
John Gaal's Ethics Corner
Your ethics questions answered by the expert!
'The Enemy of 40 is 30, Not 50'
The United States Supreme Court recently ruled that reverse age discrimination claims are not cognizable under the Age Discrimination in Employment Act, 29 U.S.C. ' 621 <i>et seq.</i> (ADEA) in <i>General Dynamics Land Systems Inc. v. Cline</i>, 124 S. Ct. 1236 (2/24/04). Writing for a 6-3 majority, Justice Souter concluded that "the enemy of 40 is 30, not 50." <i>Id.</i> at 1243. What does this mean for employers and employees?
Courts Expand on Meaning of 'Employee'
Are welfare recipients who participate in mandatory Work Experience Programs (WEP) protected by statutes such as Title VII and the FLSA? In an expansive reading of the definition of employees, two federal courts recently ruled that such "workers" are "employees" within the meaning of the federal statutory scheme and, therefore, may seek relief for discrimination at the workplace or for compensation for excess work.
Real Property Law
The latest real property law rulings you need to know.
Index
Everything you need to find what's inside this issue.
Eminent Domain Law
The latest rulings eminent domain law.

MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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