Recently, in On Point Window Treatment, Inc. v. 208 Clinton Place, LLC, 2024 N.Y. Slip Op. 50241 (N.Y. Sup. Ct. 2024), the Kings County Supreme Court held that even when paired with an insurance procurement requirement, a landlord could not rely on an indemnity clause negotiated into its lease to exempt such landlord from liability.

Under General Obligations Law §

Continue Reading Is It an Illusion of Indemnification? Insurance Requirements for Tenants Paired with Indemnification Clauses in Leases May Not Be Enough to Shield Landlords from Liability

It turns out, according to the Supreme Court, Orange County, that the standards for review of municipal contracts are noticeably less stringent for New York Village Boards than for Town Boards.  Village Boards may approve a contract in principal, allowing the Mayor some room for further negotiation and language changes.  Town Boards must review and approve the actual, final contract

Continue Reading When Can A Municipal Board Approve a Contract “In Substance?” The Answer May Be Different in a Village Versus a Town