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NEWSLETTERS
Newsletters 2013
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Ganfer & Shore, LLP's 2013 monthly newsletters are found below and our library of past newsletters can be accessed through the links to the left.

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April 2013-Real Estate Newsletter HTML

  • First Department Upholds Judgment in Favor of "Condo-Op" Unpaid Common Charges and Expenses
  • Condominium Unit Owner Entitled to Names and Addresses of Other Unit Owners in Connection With Condominium Board Election
  • Business Judgment Rule Protects Board's Decision to Enter Into Transaction With A Board Member That Benefitted The Cooperative
  • Court Rejects Validity of Special Meeting Held Just Three Weeks Before Annual Meeting


April 2013-Employment Newsletter HTML

  • Deaf Applicant For Lifeguard Position Allowed A Trial On His Disability Discrimination Claim 
  • A Substantial Pay Cut May Be Considered A Constructive Discharge
  • On-Time Attendance Isn't Always An Essential Job Function
  • Appeals Court Enforces Offering Plan Provision Limiting Sponsor's Liability for Defects in Unit
  • Business Judgment Rule Shields Cooperative From Liability Where Cooperative Relied on "Strictly Adhered to" Board Policy
  • First Department Uphold Refund of Buyers' Escrow Deposits Where Developers Stated Incorrect Closing Deadline in Offering Plan

March 2013-Employment Newsletter HTML

  • Employer May Be Responsible For Hostile Environment Created By Non-
    Employees, But Can Escape Liability By Acting Promptly
  • Proposed New York City Law Would Provide Severe Penalties and Private Right of Action for Discrimination Against the Unemployed

February 2013-Real Estate Newsletter HTML

  • Legal Fees Awarded to Prevailing Cooperative in Lengthy Litigation With Tenant-Shareholders
  • Cooperative May Be Liable to Tenant-Shareholder for Failing to Abate Noise and Vibration in Common Area
  • Decision Discusses Quality of Proof Necessary to Recover on Casualty Claim Against  Insurance Carrier 
     

February 2013-Employment Newsletter HTML

  • Employee's "Sincerely Held Belief" in Veganism May Support Claim for Religious Discrimination
  • NLRB Rules That A Nonunion Employer's Mandatory Arbitration Agreement Violates Federal Labor Law
  • NLRB Finds Addtional -Seemingly Neutral- Nonuninon Employer Policies Unlawful

January 2013-Real Estate Newsletter HTML

  • Challenge to Flip Tax Must Be Brought When The Tax Is Adopted, Not Later When Cooperative Seeks to Collect It, And Is Governed By Four-Month Statute Of Limitations
  • Condominium Held Not to Be Unit Owner's Agent For Labor Law Liability Purposes
  • Description of Lot in Disclosure Documents Satisfied Interstate Land Sales Act Requirements


January 2013-Employment Newsletter 
HTML

  • Court Finds No FMLA Violation Even Though Employer Terminated Employee Shortly After He Requested Leave
  • Requiring Co-Worker To Be More Tolerant of an Employee's Misconduct Is Not A Reasonable Accomodation
  • Religious Accomodation Request Must Be Reasonable
  • Condominium Held Not to Be Unit Owner's Agent For Labor Law Liability Purposes