Resources

A firm’s managing partner prepares to sign an experienced lateral attorney. First the firm must perform a conflict check1 —which can derail the hire.

One of the most common concerns clients have about transferring a home that is subject to a mortgage to an inter vivos trust (a trust created during one’s lifetime) is whether doing so will trigger the due-on-sale (“DOS”) clause of the mortgage. Most mortgage agreements contain a provision stating that upon the conveyance of property subject to the mortgage, the entire outstanding amount of the mortgage is immediately due and payable to the lender.¹

Judiciary Law Section 27(b) provides in its first sentence that “[i]n any case in which the cause of action is based upon an obligation denominated in a currency other than currency of the United States, a court shall render or enter a judgment or decree in the foreign currency of the underlying obligation.” That seems straightforward enough, that disputes denominated in a foreign currency result in a money judgment in that same currency. A yen for a yen, a euro for a euro.

This year, we will be working hard to make it even easier to get involved. We are expanding opportunities for participation, encouraging collaboration across practice areas, and finding new ways for members to connect—whether you are a longtime participant or brand new to the WCBA. We are planning events that bring people together across practice areas and career stages, and we are especially focused on outreach to newer attorneys and those who have felt disconnected in recent years.

To see all Events and Committee Meetings, Visit Our Calendar

How do we define triviality? There is no “minimal dimension test” or per se rule that a defect must be of a certain minimum height or depth in order to be actionable, and therefore, determining liability issues based exclusively on the dimensions of a defect in not permissible (Trincere v. County of Suffolk, 90 N.Y.2d 976 [1997]).

I remain committed to continuing an important conversation that we started several years ago: promoting mental health and well-being in our community. May marks Mental Health Awareness Month.

For those of you who are lovers of bacon and eggs, whether they are on a plate by themselves or on a roll (with or without cheese), I am fairly certain that you may have at least once wondered how this delectable pairing came to be.

To see all Events and Committee Meetings, Visit Our Calendar

Enea, Scanlan & Sirignano, LLP, one of New York’s premier elder law firms, recently celebrated the grand opening of its new full-service office in Somers, N.Y.