The COVID-19 pandemic is causing businesses across the US to consider, many for the first time, the operation and effect of a mostly neglected provision in their contracts: the force majeure clause.
A force majeure clause allows a party to suspend or discontinue performance of its contractual obligations under specified circumstances. It may also limit a party’s liability. Often this clause is...Read More
On April 20, 2020, Gov. Cuomo signed Executive Order 202.22, making some important changes to property tax grievance procedures in New York State and Westchester County in particular.
EO 202.22 permits the Cities and Towns of Westchester County to move the date to file property tax grievance back one month, and allows Boards of Assessment Review to conduct their hearings remotely, if necessary.
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Many U.S. businesses are experiencing large financial losses due to the coronavirus pandemic. Last month, governments imposed severe restrictions and businesses curtailed their customary operations in response to the crisis. The loss of business income due to these events will result in significant first-party property insurance claims. The availability and scope of coverage available to...Read More
While the Department of Health provided temporary relief to Medicaid recipients and applicants during the COVID-19 pandemic, the New York legislature has enacted new restrictions on Medicaid home care applications that are slated to go into effect on October 1, 2020. These restrictions were recommended by the Governor’s Medicaid Redesign Team in an effort to reduce New York State’s rapidly...Read More
Temporary Easing of Medicaid Documentation Requirements
The COVID-19 pandemic has been a cataclysmic event for our nation’s most vulnerable, particularly the elderly. Nursing homes and assisted living facilities are on lockdown, and home care patients struggle to find and maintain care as the number of available home health aides has dropped precipitously. New Yorkers who rely on the...Read More
With the COVID-19 pandemic currently ravaging New York State and the nation, there has never been a more critical time to review and update your estate planning documents. Yet, until now, the social distancing rules currently in place have made it very difficult, if not impossible, for clients to execute some of the most important estate planning documents (like wills) because applicable law...Read More
While the Governor has mandated that banks provide homeowners with “forbearance” regarding their home mortgage payments if the homeowner is facing financial hardships due to the COVID-19 pandemic, to date there has not been any corresponding requirement that landlords provide “forbearance” to tenants with respect to their rent obligations. The rights available to tenants may well be...Read More
My company is unable to use its rented space during the 100% in-person workforce reduction mandated by Gov. Cuomo. Are we still required to pay rent?
Currently there is no law or Executive Order relieving residential or commercial tenants of their obligation to pay rent during the COVID-19 outbreak.
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On March 27, President Trump signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a stimulus package of unprecedented proportions intended to provide economic relief and assistance to American individuals and businesses impacted by the COVID-19 pandemic.
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On March 29, 2020, Gov. Cuomo issued Executive Order 202.13 to provide further relief to individuals and small businesses coping with the COVID-9 pandemic health emergency, to clarify certain aspects of prior Executive Orders, and to temporarily modify certain existing laws. We provide highlights here of those portions of EO 202.13 that may be of particular interest to our clients.
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The New York State Department of Health (“DOH”) issued guidance that expressly sets forth the protocols for essential personnel to return to work after being exposed or infected with COVID-19.
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