Insights into the middle market.


Legal Updates
  • Our Top 10 Legal Alerts from 2019
    January 15, 2020

    As we start a new year, we would like to share with you some of our most popular legal alerts from 2019. Our top-read alerts range from construction, labor & employment, tax, immigration, trusts & estates, cooperatives & condominiums, real estate, corporate & securities, litigation and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.

  • Tarter Krinsky & Drogin’s Top 10 Legal Alerts from the First Half of 2019
    June 25, 2019

    As we head into summer, we would like to share with you some of our most popular legal alerts from the first half of 2019. Our top-read alerts range from construction, labor and employment, tax, corporate and securities, immigration, cooperatives and condominiums, commercial leasing, real estate, litigation and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.

  • New York Court Grants Permission to Underpin Through RPAPL §881 Proceeding
    June 3, 2019

    On February 26, 2019, Justice Melissa Crane of the New York Supreme Court granted a developer the right to underpin (i.e. permanently encroach upon the foundation of an adjacent property) in her ruling on the developer's RPAPL §881 proceeding. It has long been held, and is set forth in the legislative history of RPAPL §881, that the proceeding is for temporary access to a neighbor's property in order to make improvements to your property and is not a vehicle by which the court can grant the right to permanently encroach or otherwise alter the neighbor's property.

  • Our Top 10 Legal Alerts from 2018
    January 14, 2019

    As we start a new year, we would like to share with you some of our most popular legal alerts from 2018. Our top-read alerts range from construction, corporate and securities, labor and employment, tax and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.

  • The Changing Landscape of Access Agreements and RPAPL §881 Proceedings in New York City: Trends to Watch in 2019
    November 30, 2018

    Gaining access to a neighbor’s property during construction requires attempting to negotiate an access agreement and if that fails, litigating the access through an RPAPL §881 proceeding. That is nothing new. But what happens when these negotiations are about much more than just access or not about access at all? In this alert, Construction partner Laurie Stanziale explores how and whether courts will continue to entertain disputes between neighbors about construction, even if no damage has occurred and no access is required and/or whether or not the DOB will be compelled to take a more active role in these disputes.

  • What NYC Building Owners Should Know About the Upcoming Deadline for Compliance with Local Law 26's Sprinkler Installation Mandates
    June 29, 2018

    The deadline for compliance with Local Law 26 of 2004, which mandated the installation of automatic fire suppression sprinklers in many buildings in New York City, is fast approaching, with the next compliance deadline set for July 1, 2018. Here's what building owners should know about the upcoming deadline for compliance with Local Law 26's sprinkler installation mandates.

  • New York Court of Appeals Upholds Impactful Decision in the Gilbane Case
    April 16, 2018

    As we wrote in April 2017, the case of Gilbane Bldg. Co./TDX Constr. Corp., v. St. Paul Fire & Mar. Ins. has become the harbinger of the insurance world in regard to the effectiveness of an additional insured endorsement. On March 27, 2018, New York State's highest court affirmed the decision of the appellate panel, which held that there was no entitlement to coverage to a party named as an additional insured when such party did not have a written contract with the insured.

  • Construction Industry Double-Breasting: Recent Developments and Lessons Learned
    January 24, 2018

    Here is an update to our prior client alert titled, "Construction Industry Double-Breasting: Recent Trends and Best Practices," which now includes additional information about a recent court decision impacting employers in the construction field.

  • Assignment of Accounts Receivables and Factoring Agreements in the Construction Industry: How Can They Affect an Owner/Developer's Project?
    September 28, 2017

    It is not uncommon that companies with cash flow problems or those that have a desire to be paid on expedited terms assign their accounts receivables as collateral for a secured loan or they factor them. This can happen in any industry. What impacts can this have on a construction project when a contractor or vendor assigns or factors its accounts receivable?

  • What You Need to Know About the New NYC Department of Buildings Procedure Involving Adjacent Properties
    July 24, 2017

    In connection with obtaining the NYC Department of Buildings' (DOB) approval of protection plans, which involve the installation of protection of an adjacent property, either physically on the adjacent property or in the air space above the adjacent property, the party performing the demolition, construction or renovation work now needs to provide proof to the DOB that it has an access (license) agreement with that adjacent property owner for the proposed protection or has filed a RPAPL §881 proceeding to gain such access to the property from the court.

  • Construction Safety: Lessons From 2016 and Remedies in 2017
    April 19, 2017

    While each year there are reports and statistics regarding the annual number of construction accidents and fatalities in New York City, 2016 will likely be remembered as the year when a construction accident could, and did, lead to criminal charges and convictions of construction companies and individual supervisors.

  • Insurance and Adjoining Property Access Agreements: Does that "Blanket" Endorsement Really Cover You?
    April 11, 2017

    In September 2016, the Appellate Division, First Department decided a case that has significant ramifications on insurance coverage on construction projects between construction managers and contractors.

  • Forgiving Fines: The NYC Amnesty Program
    November 21, 2016

    In an effort to collect more than one billion dollars in outstanding fines, the City of New York is offering an amnesty program that allows participants to resolve violations

  • New Enforcement by the Department of Buildings of Adjoining Property Notification Requirement
    November 10, 2016

    The New York City Department of Buildings ("DOB") made significant changes to the New York City Building Code (the "Code") in its 2014 version.

  • Amy Goldsmith and Laurie Stanziale Co-Author Article on Owner-Architect Agreements for Law360
    October 19, 2016

    Intellectual Property partner Amy Goldsmith and Construction partner Laurie Stanziale wrote, “Whose Line, Drawing Or Plan Is It Anyway?" which was part 2 of a two-part article for Law360. The article addresses owner-architect agreements and instruments of service for the parties to set forth rights and obligations.

  • Amy Goldsmith and Laurie Stanziale Author Article on Copyright and Architectural Works for Law360
    September 22, 2016

    Intellectual Property partner Amy Goldsmith and Construction partner Laurie Stanziale wrote “Whose Line, Drawing Or Plan Is It Anyway?”, which is part 1 of a two-part article, for Law360.

  • Construction Industry Double-Breasting: Recent Trends and Best Practices
    August 17, 2016

    The days of unions having a firm, if not solitary, hold on construction in New York City have begun to wane.

  • Recent Trends in RPAPL §881 Cases in New York County
    July 22, 2016

    The Courts of New York County and the First Department have historically been silent regarding, or overly against, awards of license fees and attorney's fees for Respondents in connection with RPAPL §881 actions.

  • New Enforcement Sweeps and Increased Penalties Announced for Safety Hazards at Construction Projects
    February 19, 2016

    In the wake of recent safety incidents at construction sites throughout the City during a record building boom, Mayor deBlasio and Department of Buildings (DOB) Commissioner Rick Chandler have announced a major code enforcement sweep of construction sites over the next 90 days and increased penalties for serious construction-safety lapses.

  • David Pfeffer Authors Article on Legal Issues of Construction Collapses
    September 30, 2021

    On September 30, 2021, Partner and Chair of the Construction Practice, David Pfeffer authored the article, “Broken Buildings: Legal Rights and Remedies in the Wake of a Collapse” featured in Construction Executive. 

  • New York Tolls Legal Deadlines in Response to COVID-19
    September 14, 2021

    One of the many lasting impacts of the COVID-19 pandemic is the lengthy tolling of statutes of limitations and legal deadlines. 

  • Key Takeaways From The Commercial Observer's Construction Safety Forum
    May 7, 2021

    On May 6, 2021, The Commercial Observer's virtual construction safety forum brought together leading companies in development, construction, architecture, engineering and law, and top public officials and city agencies to explore emerging health and safety trends, procedures, and policies and integrate them into practice to improve project performance. 

  • Key Takeaways From Anchin’s Future of Office Design Webinar
    February 9, 2021

    Anchin’s Future Forward 2021 Conference brought together major players in the construction community to discuss the future of development and design in New York City. On February 9, Construction Partner and Chair David Pfeffer moderated the panel, “How COVID will Permanently Impact Office Design and Workplace Strategies of the Future.” 

  • David Pfeffer and Sean Scuderi’s Co-Authored Article “Pre-Construction Services: To Lien or not to Lien” Featured in the Mann Report
    November 9, 2020

    The November 9, 2020 issue of the Mann Report features Construction Co-Chair and Partner David Pfeffer’s and Counsel Sean Scuderi’s article entitled, “Pre-Construction Services: To Lien or Not to Lien.” The article delves into the decision rendered in the case Old Post Road Associates LLC v. LRC Construction LLC, by the New York State Supreme Court Appellate Division, Second Department.

  • Project Restart: Strategy For Remobilizing Construction
    May 28, 2020

    New York State Governor Andrew Cuomo recently announced phased reopening of businesses, with the construction industry included in Phase 1. The Governor’s announcement means project owners in New York should prepare for construction to restart. Given the long pause of most projects in New York, contractors and subcontractors will first report to their most profitable projects where payments are made timely.  We recommend that owners consider taking the following steps before the construction ban is lifted to successfully restart their projects.

  • Graffiti on Buildings: Does it Stay or Go?
    April 21, 2020

    Under what circumstances can a building owner legally remove artwork from a building? In 2018, a group of graffiti artists was awarded $6.75 million dollars for the improper removal of their art. On February 20, 2020, the United States Court of Appeals for the Second Circuit upheld that lower court's ruling. In Castillo vs. Cohen et al, 950 F.3d 155 (2d Cir. 2020), known as the 5Pointz case, the appellate court issued a decision that provides needed guidance to building owners and graffiti artists alike.

  • David Pfeffer Authors Law360 Article on What NYC Landlords and Tenants Need to Know About Short-Term Apartment Rental Services
    February 6, 2017

    Construction chair and partner David Pfeffer authored an article in Law360 on "The Conundrum With Short-Term Rentals." The article explores what New York City landlords and tenants need to know about how recent regulations on short-term apartment rental services such as Airbnb, HomeAway, VBRO and Roomorama affect their properties.

  • Sean Scuderi Authors Article on the Benefits and Pitfalls of Outsourcing Email Services in the New York Law Journal
    February 6, 2017

    Construction associate Sean Scuderi co-authored an article on the benefits and pitfalls of outsourcing email services to a hosting provider in the New York Law Journal’s special e-discovery issue on February 6.

  • BIM: Building Information Modeling and Construction Projects
    December 13, 2013

    In recent years, construction projects have seen increasing benefits from the use of advanced planning and design technologies. One such technology is Building Information Modeling (known as “BIM”), and it is helping cut costs for owners and streamline project development.

  • Good Agreements Make Good Neighbors
    December 13, 2013

    In a major metropolitan setting, open space can be hard to come by. In New York City, the facades of many residential and commercial buildings extend right up to the property line, or near enough to prevent access to some exterior walls without encroaching on neighboring properties. As a result, it is often extremely difficult, if not impossible, to make repairs or renovations to an existing structure without physically entering onto an adjoining parcel.

  • Deregulation of Rent-Stabilized Units
    December 1, 2010

    Delivering a crushing blow to an already distressed real estate market, New York's highest court recently issued a landmark decision in Roberts v. Tishman Speyer Properties, L.P. Depending on how the state's lower courts apply Roberts, the owners could be on the hook for tens of millions if dollars in rent rebates to tenants who were charged market-rate rents.

  • Foreign Investments Help Fund Commercial Development
    September 1, 2010

    In the wake of the financial meltdown and subsequent signs of economic recovery, opportunities are becoming more prevalent for those looking to diversify and expand their investments. Luckily, there are various ways to acquire funding for development projects that are both available and underutilized. The Employment-Based visa program is one such tool, particularly the EB-5 visa category. 

  • Three Strategies For Dealing With Balking Purchasers
    July 1, 2009

    In today's residential real estate market, balking purchasers are a major challenge for developers. Developers have several tools to counter these increasingly common and harmful tactics and achieve their primary objectives of avoiding costly disputes, capitalizing on their investment and compelling balking purchasers to comply with the agreements they signed.

  • Avoiding and Documenting Construction Claims
    July 1, 2009

    Today's marketplace presents new challenges to both owners and contractors during the construction process. The most important steps that both parties to a construction project can take to mitigate these risks, at least to some degree, are to know their contracts, implement procedures to administer those contracts effectively, and document their progress on the project.

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