• Appelate Division Reaffirms Cooperatives' Liability For Failure To Remediate Lead Paint Conditions In Units
• New York Property Owners May Be Liable For Injury Caused By Mold Contamination

• An Employer Is Held Liable For Sexual Harassment Of Employees By A Customer
• Employer May Be Liable For Employee's Cyber-Bullying
• EEOC Issues Final Rule On The "Reasonable Factor Other Than Age" Defense To ADEA Claims
• Labor Department Issues New FMLA Medical Certification Forms

• Members of Cooperative Board of Directors Held Liable to Cooperative For Unauthorized Payments
• Escrow Agent May Be Liable For Realeasing Deposit Based on Forged Signature
• Ownership of Mechanical Room Resolved After Trial Where Offering Documents Were Ambiguous

• Showing Hostile Work Environment For One Protected Group May Not Support That Claim For Another Group
• Employer's Decision to Reclassify Exempt Employees Is Not Evidence That They Were Originally Misclassified
• Employee Has No FMLA Remedy For Post-Leave Claim That His Boss Gave Him Heartburn
• Employer Mus Be Careful When Suspending Exempt Employees Without Pay to Avoid Risking Their Exempt Status

February 2012-Real Estate Newsletter HTML

• Court Allows Suit Against Cooperative Board to Proceed Given Allegations of Bad Faith
• Board Members May Be Sued Personally for Misrepresenting Facts, Court Holds
• Condominium Entitled to Attorneys' Fees in Action to Enforce Condominium Lien

February 2012-Employment Newsletter HTML

• Damage to Insurance Broker's Reputation Held to Constitute Irreparable Harm; Court Bars Solicitation
• Employee Misconduct Prior to Resigning Provides Basis For Enforcing Non-Competes
• Pregnant Employee Terminated Before Becoming Eligible for FMLA Leave May Nevertheless State Claims Under the FMLA
• The EEOC's Record in FY 2011:  Highest Number of Charges in History Were Filed and $455.6 Million in Relief Obtained

January 2012-Real Estate Newsletter HTML

• Happy New Year
• New York's Highest Court Clarifies Law Regarding Martin Act Preemption
• Court Decision Finds Cooperative Potentially Liable For Failure to Alleviate Secondhand Smoke
   

January 2012-Employment Newsletter HTML

• Robert Gosseen, Head of Ganfer & Shore's Employment Law Practice, Receives Award
• Employer Is Not Required to Accommodate Unqualified Applicants, Even if Disabled
• Supervisor Ill-Advised E-Mail Permits Laid-Off Employee to Avoid Dismissal of His Lawsuit and Submit His FMLA Claim to Jury
• EEOC Approves New Age Bias Regulation Imposing Heavier Burden on Employees in Defending Claims