Construction & Commercial Real Estate Law Blog

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Are New York Property Owners Entitled to Common Law Indemnification for a Third Party’s Injury by a General Contractor if That General Contractor Did Not Control or Supervise the Worksite?

by Gary Nissenbaum | Apr 29, 2013 | Construction & Commercial Real Estate Law Blog

In McCarthy v. Turner Construction, Inc., 17 N.Y. 3d. 369 (2011), Boston Properties, Inc. and Time Square Tower Associates, LLC (collectively “Property Owners”) leased a retail storefront to Ann Taylor, Inc. (“Ann Taylor”). Subsequently, by agreement...

What Are the Elements of a Fraudulent Transfer Under the New Jersey Fraudulent Transfer Act, NJSA 25:2-26?

by Gary Nissenbaum | Sep 19, 2012 | Construction & Commercial Real Estate Law Blog

In Seta Artunian Nassif, et. al. v. Jelmac, L.L.C., No. A-4100-10T2 (N.J. Super. Ct. App. Div. July 11, 2012), the Appellate Division of the Superior Court of New Jersey was presented with the following legal issue: what constitutes a...

What Constitutes Home Improvement Under The Administrative Code of City of New York?

by Gary Nissenbaum | Aug 14, 2012 | Construction & Commercial Real Estate Law Blog

In Great Am. Restoration Services, Inc. v. Patricia Lenti, et al., 2012 NY Slip Op 03140 (N.Y.A.D. 2 Dept., April 24, 2012), the Supreme Court of New York, Appellate Division (Second Judicial Department), addressed whether, under New York City’s Administrative Code, a...

How May a Party Establish that a Court Has Proper Jurisdiction When None of the Parties to the Suit are Domiciled in the State Where the Suit is Brought?

by Gary Nissenbaum | Jul 25, 2012 | Construction & Commercial Real Estate Law Blog

In Frontier Ins. Co. v. Nat’l Signal Corp. et. al., Civ. Action No. 98-4265 (E.D. Penn. November  9, 1998), the Federal District Court for the Eastern District of Pennsylvania addressed the circumstances under which  a party who is not domiciled in the forum...

May the Owner of a New York Co-op Apartment be Evicted When He No Longer Owns Shares in the Co-op?

by Gary Nissenbaum | Jul 25, 2012 | Construction & Commercial Real Estate Law Blog

In Emigrant Mtge. Co., Inc. v. Greenberg, NY Slip Op 50387(U) (D. Nassau County, 1st District March 8, 2012), the court considered a very important issue for co-op owners: whether the co-op owner could be evicted if he no longer owned his shares in the co-op...

What is a “Pay if Paid” Contract Clause and Can it Apply to a Construction Subcontractor?

by Gary Nissenbaum | Jul 10, 2012 | Construction & Commercial Real Estate Law Blog

What constitutes a “pay-if-paid” construction contract clause? The United States Court of Appeals for the Third Circuit recently addressed this question in Sloan v. Liberty Mutual Insurance Company, 653 F.3d 175 (3d Cir. 2011).That case involved a waterfront...