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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Neufeld O'Leary & Giusto News & Insights
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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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Heirs Win Under New York’s Uniform Partition Of Heirs Property Act
In 2019, the New York State Legislature enacted the “Uniform Partition of Heirs Property Act” (UPHPA), also known as RPAPL § 993. It is intended to prevent families from losing “heirs property” through forced sales by imposing certain requirements. This situation arises when a non-family member buys an interest in property co-owned by family members. … Read more
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The New York LLC Transparency Act
Over the last two years, fights over the federal Corporate Transparency Act (CTA) have caused confusion for many business owners. The concerns were mostly resolved earlier this year, as discussed in a prior post. In the interim, New York passed its own transparency law, which will go into effect on January 1, 2026. Importantly, there … Read more
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New York Court of Appeals Limits Good Guy Guarantee Liability
When a corporation or other entity leases commercial property, the landlord often requires the corporate tenant to provide a guarantor. Typically, this is done when the corporate tenant is a recently formed entity and has no real track record of payment, or simply as additional security in the event the corporation goes out of business. … Read more
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Court Highlights Legal Risks of AI Use by Attorneys
Artificial Intelligence (AI) has become unavoidable and increasingly essential in a variety of fields, including the legal profession. While it offers many benefits when used responsibly, there are significant risks when attorneys fail to check the work product generated by AI tools. There have been numerous examples of attorneys submitting unverified AI content to courts, … Read more
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