Motion Types Legal Issues

Key Legal Issues for the State of New York

Filter by Legal Issues

Accidents and Injuries Legal Issues

Abnormally Dangerous/Ultrahazardous Activities

Animals with Dangerous Propensities

Battery (Civil)

Gross Negligence

Intentional Infliction of Emotional Distress

Medical Battery

Medical Malpractice

Negligence

Negligence Per Se

Negligence – Res Ipsa Loquitor

Negligent Entrustment of Motor Vehicle

Negligent Infliction of Emotional Distress

Premises Liability

Primary Assumption of Risk

Primary Assumption of Risk in Sports

Professional Negligence – Medical

Recreational Use Immunity

Business Law Legal Issues

Breach of Contract – Failing to Deliver Goods Sold or Promised

Breach of Contract – General

Breach of Contract – Not Completing a Job

Breach of Contract – Not Paying in Full or On Time

Breach of Contract – Third Party Beneficiary

Civil Conspiracy

Commercial Disparagement

Contract Formation

Defamation

Fraud

Fraudulent Concealment

Fraudulent Inducement

Fraudulent Misrepresentation

Independent Contractors vs. Employees

Independent Contractor - Third-Party Liability

Intentional Interference with Contractual Relations

Interference with Prospective Economic Advantage

Lemon Law

Non-Solicitation Clauses

Professional Misconduct—Attorney

Professional Negligence – Attorney Malpractice

Professional Negligence — Breach of Fiduciary Duty

Professional Negligence – Medical

Promissory Estoppel and Promissory Fraud

Rescission —Action or Claim

Strict Product Liability

Trade Libel

Unfair Competition

Constitutional Law Legal Issues

New York Anti-SLAPP Statute

Construction Law Legal Issues

Breach of Statutory Housing Merchant Warranty

General and Subcontractor Liability

Latent and Patent Construction Defects

Liability for Construction, Excavation, or Demolition Work

Consumer Rights Legal Issues

Asbestos Claims

Breach of Warranty of Habitability

Constructive Eviction

False Advertising/Misleading Advertising

Misappropriation of Name or Likeness

Misappropriation of Trade Secrets

New York Property Tax Assessments

Products Liability— Design Defect

Products Liability – Express/Implied Warranty Breach

Products Liability – Implied Warranty of Merchantability

Products Liability – Manufacturing Defect

Real Property — Condemnation and Inverse Condemnation

Real Property — Eminent Domain

Right of Redemption in Foreclosure Actions

Usurious Loan Transactions

Contracts Legal Issues

Breach of Covenant of Good Faith and Fair Dealing

Tortious Interference with a Contract

Debt Legal Issues

Account Stated

Prejudgment Attachment

Receivership (Order Appointing Receiver)

Wage Garnishment (Income Execution)

Disability Legal Issues

Disability Discrimination — Employment

Disability Discrimination — Place of Public Accommodation

Education Legal Issues

Education and School Bullying

Individuals with Disabilities Education Act

Election Law Legal Issues

Casting and Canvassing Ballots

Designating Petition (Petition Validation)

Estate Planning Legal Issues

Appointment of Guardian Ad Litem

Breach of Fiduciary Duty by a Trustee

Constructive Trust

Cy Pres Doctrine and Cy Pres Relief

Equitable Reformation of Trust and Equitable Deviation

Guardian of the Estate

Settlement Trust Agreement (Infant or Minor)

Family Law & Divorce Legal Issues

Elder Abuse and Neglect

Grandparent Visitation Rights

Loss of Consortium

Modification of Child Support

Modification of Custody/Visitation Order

Modification of Spousal Support

Termination of Parental Rights

Fraud Legal Issues

Conversion

Government Legal Issues

Article 78 Proceeding

New York False Claims Law

Health Law Legal Issues

Informed Consent Statute

Nursing Home Negligence in Violation of Public Health Law

Insurance Legal Issues

Anti-Subrogation Rule

Collateral Source Rule

Contractual Indemnification

Disclaimer of Coverage

Insurer's Duty to Defend

Subrogation

Labor & Employment Legal Issues

Anti-Competition Covenants

Arbitration Provisions in Employment Agreements

Disability Discrimination – Failure to Engage in Good Faith Interactive Process

ERISA Preemption

Failure to Pay Overtime and/or Prevailing Wages

Freelancers/Gig Workers/Private Instructors—Employment Context

Negligent Hiring, Retention, and Supervision

Quantum Meruit and Employment Contracts

Retaliation in Violation of City and State Human Rights Law (HRL)

Sex/Gender Discrimination in Violation of New York State Human Rights Law (NYSHRL)

Sexual Harassment in Violation of New York State Human Rights Law (NYSHRL)

Wage and Hour Violations Under Wage Theft Prevention Act (WTPA) and Fair Labor Standards Act (FLSA)

Wrongful Termination – Employment Contract

Land Use & Zoning Legal Issues

Adverse Possession

Breach of Covenant of Quiet Enjoyment

Eminent Domain

Implied Easements and Easements by Necessity

Prescriptive Easement

Landlord – Tenant Legal Issues

Breach of Warranty of Habitability

Unlawful Evictions Law

Legal Ethics Legal Issues

Attorney-Client Privilege—Crime-Fraud Exception

Attorney Misconduct

Conduct of Judges

Law Firm/Attorney Disqualification

Misappropriation of Client Settlement Proceeds or Funds

Rooker-Feldman Doctrine

Withdrawal for Good Cause from Client Matter—Attorney/Law Firm

Maritime Legal Issues

Jones Act

Longshoreman's and Harbor Worker's Compensation Act

Other Issues Legal Issues

Abuse of Process

Freedom of Information Law (FOIL)

Property & Real Estate Legal Issues

Breach of Bailment

Foreclosure Sale and Set Aside of Foreclosure Sale

Homestead Exemption

Mechanic’s Lien

Private Nuisance

Quiet Title

Rent Stabilization Code

Torts Legal Issues