Kushnick | Pallaci PLLC Attorney At Law

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Agreements for Adjacent Property Access

Performing construction in New York City can often involve working in tight quarters.  As a result, it is often necessary to enter your neighbor’s property

New York Construction Debt Collection

Getting paid on a construction project in New York can sometimes be the most difficult part of the job.  Finding an attorney that understands the

Increased OSHA Penalties on the Way

OSHA has not increased its penalties since 1990, but as a result of the Bipartisan Budget Act of 2015, specifically, Section 701, that is about

Drones in the Construction Industry

Technology is constantly changing the evolution of the construction industry, whether it was the creation of Computer-Aided Design (“CAD”) which revolutionized the process of creating

Court Finds Questions of Fact on Lien Challenge

In Icdia Corp. v. Visaggi (2nd Dept. January 2016) the owner defendant (the “owner”) leased the commercial premises at issue to the co-defendants.  One of the co-defendants entered into a contract with the plaintiff to renovate the leased

Lost Profits Awarded After Improper Termination

Inspectronic Corp. v. Gottlieb Skanska, Inc. (2nd Dept. January 2016) involved a contract wherein the Plaintiff was to perform seven specific items in its “scope of work” but only completed three out of the seven before the defendant terminated

Kushnick Pallaci adds new associate

Kushnick Pallaci PLLC had added a new associate to its growing practice. With a family in construction, Jaymie B. Sabilia-Heffert knows firsthand just what can go wrong out on the field. Whether it is delayed construction, payment disputes,

Construction Law and the New York False Claims Act

New York’s False Claims Act (NY State Fin. § 188 et seq.), which follows the Federal False Claims Act (31 USC § 3729 et seq.) is designed to prevent fraud against the Government. This statute subjects contractors on

Lien in “substantial compliance” may be amended

Matter of Rigano v Vibar Constr., Inc. Decided 9/30/15 by the Appellate Division: Second Department Upon  remittitur from the Court of Appeals, the Court found that, upon re-argument, the Supreme Court should have granted Vibar Construction’s petition to

Ohio Venue Provision Declared Void by NY Court

HVS, LLC v Fortney & Weygandt, Inc. Decided 9/24/15 by the Supreme Court, Rockland County The issue in this appeal concerns the validity of an arbitration agreement entered into by the parties. The parties entered into a written

Court overturns DEP Noise Violation

Matter of 2589 Westside Mkt., LLC v New York City Dept. of Envtl. Protection Decided November 17, 2015 at App. Div. 1st Dept. The Court reviewed a determination by the Environmental Control Board of the City of New

Property damage claim not precluded by exculpatory clause

After Midnight Co. LLC v MIP 145 E. 57th St., LLC Decided November 16, 2015 at Sup. Ct., New York County   The issue here was whether an exculpatory clause precluded recovery of property damages caused by construction

Kushnick | Pallaci PLLC Attorney At Law​

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