What is the special use doctrine in NY?
The special use doctrine, relied upon by plaintiff, is a "narrow exception to the general rule [which] imposes an obligation on the abutting landowner, where he puts part of a public way to special use for his own benefit and the part is used subject to his control, to maintain the part so used in a reasonably safe ...
De Minimis Defect or Trivial Defect
The argument is that the raise or crack is too small to have caused the accident and that the floor was still “reasonably safe.” The courts in New York have not established a set standard based solely on the size or dimensions of the condition.
A condition is open and obvious when it is readily observable by the reasonable use of one's senses. See Sandler v. Patel, 288 AD2d 459, 733 NYS2d 131 (2nd Dept.
There is no duty to warn of unsafe conditions that are open and obvious. A condition is open and obvious if, under all of the circumstances, it should have been seen by any person in AB's position who was reasonably using his or her senses under all of the circumstances.
What Is an Account Stated Claim? “Account stated” is a cause of action for payment where one party sent an invoice to the other and the recipient of the invoice failed to object within a reasonable period. By failing to timely object, the recipient of an invoice may be liable for the entire amount of the invoice.
As applied in New York, the doctrine of necessaries is a common law doctrine propounding that a spouse is responsible to pay certain debts of the other spouse when the other spouse borrows money to pay for, or uses on credit, essential goods and services that a third party provides.
The De Minimis Tax Rule: An Overview
The rule states that a discount that is less than a quarter-point per full year between its time of acquisition and its maturity is too small to be considered a market discount for tax purposes.
In general, a de minimis benefit is one for which, considering its value and the frequency with which it is provided, is so small as to make accounting for it unreasonable or impractical.
The IRS has previously determined that items with a value exceeding $100 are not considered de minimis fringe benefits.
That means if you sue another person or a company for compensation after an accident, they might argue your injury is your fault because you knew about the potential danger. The defendant might not be liable if the court agrees you assumed the risk by participating in the related activity.
What is the open and obvious doctrine?
What Is the Open and Obvious Doctrine? The open and obvious doctrine is a defense to a premises liability personal injury claim. It says that the defendant is not liable to the victim because the danger that existed on the property was readily apparent and out in the open.
Under the fiduciary shield doctrine, a nonresident officer or employee may not be subject to personal jurisdiction when all of his contacts with the forum state were made on behalf of his corporation or employer.
So if a court order disposes of some claims but not all of them, or determines the claims as to some parties but not all of them, or grants a judgment of default but doesn't resolve the amount of damages, it's not final. These orders are, instead, interlocutory. In most states, these orders are not appealable.
Section 16-118 - “Public Urination”
Administrative Code - “Section 16-118 - Public Urination” are eligible to plead guilty and pay a $50 fine by mail. This program is available to persons charged with this petty offense only, and only if no other summonses are issued to the individual at the same time.
A person is guilty of public urination if, in a public place, as defined by New York State Penal Code § 240.00, he or she shall urinate other than in a urinal or toilet. § 165-4.1 Penalties for violations.
Account stated refers to a document summarizing the amount a debtor owes a creditor. An account stated is also a cause of action in many states that allows a creditor to sue for payment.
The first-filed district court has jurisdiction to enjoin the prosecution of a later-filed action “unless there are special circumstances which justify giving priority to the second action.” City of New York v. Exxon, 932 F.
The voluntary payment doctrine provides that “a party cannot . . . recover money voluntarily paid with a full knowledge of the facts, and without any fraud, duress, or extortion, although not obligation to make such payment existed.” Id.
“Pay if paid” clauses are unenforceable as contrary to public policy in New York State. What does that mean? It means that contracts that transfer the risk of an owner's non-payment from the general contractor to the subcontractor will not be enforced, or held to be valid, by New York Courts.
Simply stated, the “Voluntary Payment Doctrine” bars recovery of payments voluntarily made with full knowledge of the facts, and in the absence of fraud or material mistake of fact or law.
What is the de minimis threshold for 2023?
For calendar year 2023, the de minimis threshold is $39,062 for annual end user interstate and international telecommunication revenue.
The 10% de minimis rate must only be used to pay for overhead costs that are not directly charged to federal awards. If all costs are charged directly to the federal award (e.g., space costs, utility, and administrative costs), then the recipient should not also charge the 10% de minimis rate.
For purposes of the 10% de minimis rate, indirect costs are those costs incurred for a common purpose that are too time consuming/costly to allocate to a specific cost objective. Examples of indirect costs include office space rental, utilities, and clerical and managerial staff salaries.
To calculate the de minimis percentage you divide the dollar value of the U.S.-origin controlled content by the dollar value of the non-U.S.-made item and then multiply by 100.
Examples of de minimis benefits include employer-provided snacks, small holiday gifts, flowers and occasional entertainment tickets.
Cash gifts aren't considered taxable income for the recipient. That's right—money given to you as a gift doesn't count as income on your taxes.
A gift card is a type of supplemental wage. So, you need to withhold taxes on gift cards the same way as any other supplemental pay. Withhold federal income, Social Security, and Medicare taxes from an employee's gift card amount. If applicable, you may need to withhold state income tax.
The IRS has never set a specific dollar maximum on the value of a de minimis fringe benefit before it becomes taxable. Each benefit is evaluated in relation to the circumstances at the organization where it is provided.
A classic example of the assumption of risk doctrine is attending a baseball game. It's understood that when you go to a baseball game, there's a risk that a ball may be hit into the stands.
 Implied secondary assumption of risk (reasonable or unreasonable) occurs when the defendant owes a duty of care to the plaintiff but the plaintiff knowingly proceeds to encounter a known risk imposed by the defendant's breach of duty.
What is an example of assumption of risk?
An example of an express assumption of the risk is a waiver that a person signs before they use a gym. The waiver usually says that the user acknowledges that using gym equipment is a dangerous activity. When the person signs it, they agree that they're assuming the chance that they can get hurt at the gym.
The “open and obvious” rule is an exception to premises liability law, which can be utilized as a defense by a property owner to explain why they should not be held liable for injuries a fall on their property.
One example of this would be if a severely injured person entered an Emergency Room lobby that was experiencing flooding, and the only way that person could get treated was to walk through the flooded area.
Clear and present danger was a doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press, or assembly. The test was replaced in 1969 with Brandenburg v. Ohio's "imminent lawless action" test.
Although New York law does not provide for a single statute of limitations for breach of fiduciary duty or unjust enrichment claims, courts typically determine the applicable limitations period — three years under CPLR § 214 (4) or six years under CPLR § 213(1) — by analyzing the substantive remedy that the plaintiff ...
In a breach of fiduciary duty claim, you can request punitive damages as well as compensatory damages. A punitive damages award is directed toward punishing a wrongdoer and deterring the same types of actions by others. This is awarded in proportion to the actual injury inflicted by the defendant.
- Fiduciary relationship exists;
- Defendant misconduct, including;
- Self dealing or personal interest conflicts;
- Defendant injures Plaintiff or acts contrary to interests of Plaintiff; and.
- Defendant's misconduct directly causes damages to Plaintiff.
A party generally must move for a default judgment within one year of the default (see Plaintiff's Application Before the Clerk: When to Move and Plaintiff's Motion Before the Court: When to Move). An application for a default judgment before the clerk must be made in the county where the action is venued.
A party may file a motion for judgment on the pleadings on the basis that no answer has been filed, or that the pleadings disclose that there are no material issues of fact to be resolved and that party is entitled to judgment as a matter of law. (d) Motions for summary judgment.
For example, an interlocutory order may compel a spouse to pay a certain amount of money each week before the court resolves the issue or Child Support or Alimony. This way, the spouse and children will not suffer due to lack of finances during the trial proceedings.
Can you drink in public in New York City?
By far and away the king of all summonses in New York City is the summons issued for Consumption of Alcohol in the Street. The good news regarding this summons is that, unlike many of the most common summonses issued, it is NOT A CRIME. Consumption of Alcohol in the Street is a non criminal offense.
A person with paruresis (shy bladder syndrome) finds it difficult or impossible to urinate (pee) when other people are around. Paruresis is believed to be a common type of social phobia, ranking second only to the fear of public speaking. Paruresis is often first experienced at school.
A typical ordinance might prohibit urination "on any street, sidewalk, alley, plaza, park, beach public building or public facility, or any place open to the public or exposed to public view." These types of ordinances ban urination even on private property if it's visible from a public place.
No person may publicly urinate on any street or public place.
- Bryant Park. Just steps from Times Square, you'll find the Holy Grail of restrooms in NYC. ...
- Mariott Marquis. ...
- Muse Hotel. ...
- Rockefeller Center. ...
- The Apple Store.
But it is now. This Public Health method of ticketing people for urinating in public is one of the top summonses issued in New York City. This Public Health charge is a MISDEMEANOR. To be convicted of this offense means that you would have a CRIMINAL RECORD.
The State of New York has an attractive nuisance doctrine that applies to certain child injury cases.
The continuing wrong doctrine is based on the continuation of unlawful acts; it is not based on the continuing effects of earlier unlawful conduct. The distinction, therefore, is between a single wrong that has continuing effects and a series of independent, distinct wrongs. 333 E. 91st St.
Since the days of the Roman Empire, the public trust doctrine has established that parks, open space, air, waterways, shorelines and other natural resources should be preserved for public enjoyment.
No person, co-partnership, limited liability company or corporation shall engage in or follow the business or occupation of, or hold himself or itself out or act temporarily or otherwise as a real estate broker or real estate salesman in this state without first procuring a license therefor as provided in this article.
What is an example of an attractive nuisance?
Cars, old appliances, sand and gravel piles and anything else that could attract the curious also can be considered attractive nuisances.
Elements of private nuisance
The interference must be substantial in nature, intentional in origin, unreasonable in character, concerning the property owner's right to use and enjoy the land and caused by another's conduct. Additionally, negligent or reckless conduct may be actionable even if it's not intentional.
The attractive nuisance doctrine applies to the law of torts in some jurisdictions. It states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children.
The doctrine considers which party had the last opportunity to avoid the accident that caused the harm. Therefore, a negligent plaintiff may recover damages if they can show that the defendant had the last clear chance to avoid the accident.
Under New York law, a nonbreaching party's obligation to perform is excused only when there is a material breach by the other party- i.e., where the breach is so substantial and fundamental as to strongly tend to defeat the object of the parties in making the contract.
|Contract in writing||6 years|
|Contract oral or not in writing||6 years|
|Debt collection||3 years *If the company is based outside of New York State, the statute of limitations may be even shorter depending on that state's statute of limitations.|
|Emotional distress (intentional)||1 year from act|
Public trust doctrine is a legal principle establishing that certain natural and cultural resources are preserved for public use. Natural resources held in trust can include navigable waters, wildlife, or land.
New York defines resident trusts as those created by a grantor who was a resident of NYS at the time the trust became irrevocable or when a testamentary trust was created by a decedent who was a resident of NYS at the time of death.
The public trust doctrine is the principle that certain natural resources are preserved for public use, and that the government must protect and maintain these resources for the people.
Any excess of said insurance money over the amount so payable to the mortgagor shall be applied in reduction of the principal of the mortgage.
What is Article 9 A of New York Real Property Law?
WHAT IS CONTAINED IN A FILING UNDER ARTICLE 9-A OF THE REAL PROPERTY LAW? Article 9-A of the New York State Real Property Law (RPL) was enacted to help prevent New York State residents from being victimized by fraudulent practices in connection with certain types of sales or leases of subdivided vacant lands.
Real Property Law §441-c provides, in part, that the Department of State may revoke, suspend, fine or reprimand a real estate broker or salesperson if that licensee is found to have, among other things, violated any provision of Article 12-A of the Real Property Law, engaged in fraud or fraudulent practices, or ...