If you are a business owner, it is important to understand what is covered by the various insurance policies you have, so you don’t find yourself with a gap in coverage. This lesson was evident in a recent New York Appellate Division, Second Department case involving a restaurant. The Court found that the insurer was … Read more
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Neufeld O'Leary & Giusto
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Latest from Neufeld O'Leary & Giusto - Page 2
When Does a Business Assume a Duty of Care to a Guest?
Businesses have certain legal responsibilities to guests on their property, but how far those responsibilities extend is frequently litigated. A recent New York decision addressed the question of when a business assumes a duty of care to a guest in a case involving a tragic suicide. While the facts are unusual, the court’s analysis can … Read more
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Employer Registration Deadlines for the New York Secure Choice Savings Program
In 2021, New York created a state-run retirement program called the Secure Choice Savings Program (“Secure Choice”). The purpose of the program is to provide Roth IRAs to private sector employees who do not have access to a retirement plan through their employers. As part of Secure Choice, private sector employers must either register or … Read more
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Why You Shouldn’t Use AI to Write a Will
Today, people use AI to help with many important matters, like planning a wedding, getting an education or a job, or writing a business plan. Why not ask AI to create a trust or will? It’s easy to type a question or prompt into an AI engine and watch it generate a will within minutes. … Read more
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How to Dissolve a Not-For-Profit Company
Not-for-profit companies (or non-profits) are governed by a long and often confusing set of laws. This is particularly true when a non-profit wants to dissolve. New York State has a vested interest in the assets of charitable corporations held for the benefit of the State’s citizens, and as such, there are additional steps that non-profits … Read more
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Who Can Compel an Accounting from an Agent After the Principal’s Death?
A power of attorney is a document that authorizes an individual to act on another person’s behalf. The party who is appointed (the agent) is usually permitted to act on behalf of the grantor of the power (the principal) for as long as the grantor is alive. The agent has a fiduciary obligation to act … Read more
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New York Enacts Medical Aid in Dying Law
On February 6, 2026, Governor Hochul signed into law the Medical Aid in Dying Act (Article 28-F of the Public Health Law). The law is effective August 5, 2026, and permits those with 6 months or less to live to obtain medication that patients can self-administer to end their lives. Medical aid in dying has … Read more
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Is an Agent with Power of Attorney Personally Liable for Actions Taken on Behalf of Its Principal?
A power of attorney is a document by which an individual authorizes another person to act on their behalf. Powers of attorney are generally granted where it is anticipated that the grantor of the power will be temporarily or even permanently unable to handle certain transactions and appoints an agent, usually a trusted friend or … Read more
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Can an Executive Sue for Unpaid Severance in New York?
New York’s Labor Law creates a two-tiered system where certain rights apply to all workers, but high-earning executives are excluded from others. Wage-related protections are among those that can vary depending on a worker’s salary and job duties. As an example, executives are not entitled to minimum wage and overtime. A recent appellate court decision … Read more
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Sue the Co-Op, Not the Board
If you have a co-op and cannot resolve a dispute with the Board of Directors, knowing who to sue is important. Co-ops are run by a Board of Directors elected by the co-op’s shareholders. In the event of a lawsuit, shareholders often look to bring an action against the co-op, the Board and/or individual board … Read more
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