Author Archives: weltcheklaw

Don’t Get Stuck When You and Your Store Tenant Get Sued Because the Tenant Doesn’t Make his Space Accessible to Disabled People

You own the building. Your lease might say that the store tenant has to pay for everything, including handicapped access. But the Americans with Disabilities Act makes both of you responsible and leaves it to the two of you to … Continue reading

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Wait a Minute? My Neighbor is Suing Me to Use My Yard?

He can’t do that, can he? Well, yes he can sometimes, although never permanently. But the good news is, he has to pay you and probably your lawyer too.

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Don’t Let that Greenhouse Fall Out of the Sky!

Once upon a time, that is before 1976, the New York City Dept. of Buildings largely ignored balcony enclosures in high-rise buildings. You could turn your balcony into a greenhouse or even an extension of your living room and nobody … Continue reading

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One Man’s ADA Troll is Another Man’s Civil Rights Activist

No one likes getting sued. Period. And if you think the plaintiffs are just pursuing a hustle it can make you even angrier. That’s how restaurant owners and landlords often feel about being sued by disabled plaintiffs — especially if … Continue reading

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Why Do I Have to Pay My Neighbor to be Able to Work on My Building?

Because he can’t stop you from setting up your scaffold on his property if that’s the only way to finish your job—and you are willing to pay him. It’s a trade-off. This is New York City, after all. Sometimes—in fact lots … Continue reading

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Do You Have Real Estate Problems?

Yes you do. If you own real estate in New York City, you have problems. Your boiler breaks down. Your basement gets flooded. Your contractor screws up. Your neighbor sues you. You and your commercial tenant get sued to provide … Continue reading

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Why should I get title insurance and pay extra for a market value rider?

When you buy your home you should spend the extra few thousand (?) dollars to get title insurance and a market value rider — even though you are not likely to ever file a title insurance claim. Here’s why. Title insurance … Continue reading

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When should my condominium get a public adjuster?

The short answer is, when you have a first-party claim and the insurance company is not offering you what you think it should. But not when you have a third-party claim. But what are first-party and third-party claims, you ask? … Continue reading

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What good is a certificate of insurance?

Not much. If you are an owner entering into a construction contract, the contract will normally require the contractor and the sub-contractors to produce certificates of insurance naming you, the owner, as an additional insured party. However, a certificate of insurance … Continue reading

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Why is the Dept. of Buildings after you about your 1099 workers?

The IRS is not after you to change your 1099 workers to W-2 employees. The state of New York is not after you to provide unemployment insurance. Why is the New York City Dept. of Buildings after you about using … Continue reading

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