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When it comes to personal injury lawsuits, understanding the different types of damages that can be claimed is crucial. These damages are designed to compensate the injured party for various losses and hardships they have endured.

Types Of Damages in A Personal Injury Lawsuit

Economic Damages

Medical Expenses

Medical expenses are often the most significant component of economic damages in a personal injury lawsuit. These expenses encompass a wide range of costs, including hospital bills, medication costs, and future medical care. When calculating medical expenses, it is essential to consider both past and future costs. This includes everything from emergency room visits and surgeries to long-term treatments and rehabilitation. Future medical care can be particularly challenging to estimate, but ensuring that the injured party is adequately compensated for ongoing medical needs is crucial.

Lost Wages

Lost wages refer to the income the injured party has missed out on due to their inability to work. This includes both past and future income loss. Calculating lost wages involves assessing the injured party's salary, the amount of time they have been unable to work, and any potential future earnings they may miss out on due to their injury.

This calculation can become complex, especially if the injury has long-term or permanent effects on the individual's ability to work. In such cases, expert testimony may be required to provide an accurate estimate of future income loss.

Non-Economic Damages

Pain and Suffering

Pain and suffering are non-economic damages that compensate the injured party for the physical pain and emotional distress they have experienced. Unlike economic damages, pain and suffering are more subjective and can be challenging to quantify. Courts often consider factors such as the injury's severity, the pain's duration, and the impact on the individual's quality of life.

Emotional Distress

Emotional distress encompasses the psychological impact of an injury, including conditions such as anxiety, depression, and post-traumatic stress disorder (PTSD). These damages are intended to compensate the injured party for the mental anguish and emotional suffering they have endured. Proving emotional distress can be challenging, as it often requires detailed documentation and expert testimony from mental health professionals. However, it is an essential component of non-economic damages, as the psychological impact of an injury can be just as debilitating as the physical effects.

Special Damages

Travel Costs

Travel costs are a type of out-of-pocket expense that can be claimed in a personal injury lawsuit. These costs include expenses incurred for traveling to and from medical appointments, rehabilitation sessions, and other necessary treatments. Travel costs can add up quickly, especially if the injured party requires frequent visits to medical facilities or specialists located far from their home. It is essential to keep detailed records of all travel expenses to ensure they are accurately compensated.

Home Modifications

In some cases, an injury may require modifications to the injured party's home to accommodate their new needs. These modifications can include installing wheelchair ramps, widening doorways, or making bathrooms more accessible. Home modifications can be costly, but they are necessary to ensure the injured party can live comfortably and safely in their home. Compensation for these expenses is an essential component of special damages, as it helps the injured party maintain their independence and quality of life.

Long-Term Care

Long-term care is a critical consideration in personal injury cases, particularly for individuals who have sustained severe or permanent injuries. Compensation for long-term care needs includes costs associated with nursing homes, in-home care, and other forms of ongoing medical support.

Estimating these costs requires a thorough understanding of the injured party's medical condition and future care needs. Expert testimony from medical professionals is often necessary to provide an accurate assessment of long-term care expenses.

Contact Our Skilled Attorneys at KI Legal

If you or a loved one has suffered a personal injury, understanding the various types of damages and legal considerations is crucial for securing the compensation you deserve.

At KI Legal, we specialize in personal injury law and are committed to helping our clients navigate the complexities of their cases. Our experienced attorneys will work tirelessly to ensure you receive the maximum compensation for your injuries and losses. (646) 766-8308

When you're involved in a car accident, your first instinct might be to assess the damage and exchange information with the other driver. However, one of the most critical steps is to call 911 immediately, regardless of how minor the injuries or damage may seem. Immediate medical attention can be crucial because some injuries, such as internal bleeding or concussions, may not present symptoms right away.

According to the National Highway Traffic Safety Administration (NHTSA), delayed symptoms are common, and failure to seek immediate medical care can lead to severe complications down the line. By calling emergency services, you ensure that medical professionals can evaluate everyone involved and provide necessary care on the spot.

Legal Implications of Not Reporting an Accident

Failing to report a car accident can have significant legal consequences. In many states, including New York, you are legally required to report any accident that results in injury, death, or significant property damage. Not reporting an accident can lead to fines, license suspension, and even criminal charges in severe cases. According to the New York State Department of Motor Vehicles, drivers must file a Report of Motor Vehicle Accident (MV-104) within ten days if the accident causes more than $1,000 in property damage.

Beyond the legal requirements, not reporting an accident can also impact your ability to file an insurance claim. Insurance companies often require a police report to process claims, and failing to provide one can result in your claim being denied. Additionally, if the other party decides to file a claim or lawsuit against you, the lack of an official report can weaken your defense. Therefore, it's always in your best interest to report the accident to the authorities and obtain a copy of the police report for your records.

Admitting Fault at the Scene

In the immediate aftermath of a car accident, emotions can run high, and you may feel compelled to apologize or admit fault. However, admitting fault at the scene can have severe legal and financial repercussions. When you admit fault, even informally, it can be used against you in insurance claims and legal proceedings.

Insurance companies and opposing parties can use your statements to argue that you were responsible for the accident, which can lead to higher premiums, denied claims, and potential liability for damages and injuries.

What to Say and What Not to Say

Knowing what to say and what not to say at the accident scene can protect you from inadvertently admitting fault. When speaking with the other driver, witnesses, or law enforcement, stick to the facts and avoid making any statements that could be interpreted as an admission of guilt. For example, instead of saying, "I'm sorry, I didn't see you," you can say, "Are you okay?" or "Let's exchange information." These phrases show concern without implying responsibility.

It's also crucial to avoid discussing the details of the accident with anyone other than the police and your insurance company. Statements like "I was distracted" or "I was speeding" can be used against you later. Instead, provide factual information such as your name, contact details, and insurance information. If law enforcement asks for your account of the incident, stick to the facts and avoid speculating about what caused the accident. By being mindful of your words, you can protect yourself from potential legal and financial consequences.

Not Gathering Sufficient Evidence

One of the most common mistakes people make after a car accident is failing to gather sufficient evidence. Documenting the scene is crucial for supporting your insurance claim and any potential legal action. Key types of evidence include photographs and videos of the accident scene, damage to the vehicles, road conditions, and any visible injuries.

Witness statements can also be invaluable, as they provide an unbiased account of what happened. According to the Insurance Information Institute, having comprehensive evidence can significantly strengthen your claim and expedite the settlement process.

When documenting the scene, make sure to capture multiple angles and close-up shots of any damage. Take note of any traffic signs, signals, or road markings that may have played a role in the accident. Additionally, jot down the names and contact information of any witnesses, as their testimonies can corroborate your account of the incident. This evidence can help establish the facts and protect you from disputes or false claims made by the other party.

To ensure you capture all essential details, consider using a checklist. Items to include on your checklist are photos of the accident scene, close-ups of vehicle damage, road conditions, traffic signs, and any visible injuries. Additionally, make sure to record the date, time, and location of the accident, as well as the names and contact information of all parties involved. By leveraging technology and following a systematic approach, you can gather comprehensive evidence that will support your claim and protect your interests.

Contact Our Skilled Attorneys at KI Legal

At KI Legal, we understand the challenges and uncertainties that follow a car accident. Our experienced team of personal injury attorneys in New York is dedicated to helping you navigate the legal complexities and secure the compensation you deserve.

If you or a loved one has been involved in a car accident, don't hesitate to reach out to us for a free consultation. (646) 766-8308

Understanding the Insurance Settlement Process

An insurance settlement is a financial agreement between an insurance company and a claimant, where the insurer agrees to pay a specified amount of money to resolve a claim. Settlements can come in various forms, such as lump-sum payments, where the claimant receives the entire amount at once, or structured settlements, which provide periodic payments over a set period.

Pros and Cons of Accepting a Settlement

Accepting a settlement comes with both advantages and disadvantages that need careful consideration. On the plus side, a settlement provides immediate financial relief, allowing you to cover medical bills, repair property damage, and manage other expenses without the prolonged stress of a legal battle. Settlements also offer a degree of certainty and closure, enabling you to move forward without the uncertainty of a court case.

However, there are potential downsides to accepting a settlement. One significant disadvantage is the possibility of receiving less compensation than you might obtain through litigation. Once you accept a settlement, you typically waive your right to pursue further legal action related to the incident, which could be a substantial drawback if your injuries or damages turn out to be more severe than initially thought. Weighing these pros and cons can help you decide whether accepting a settlement is the best course of action for your situation.

When to Seek Professional Advice

Knowing when to seek professional advice can significantly impact your decision-making process. If you're unsure about the fairness of the settlement offer or the extent of your damages, consulting with a lawyer can provide clarity. Attorneys specializing in personal injury or insurance claims have the expertise to evaluate your case and negotiate on your behalf, potentially securing a higher settlement. They can also guide you through the complexities of the legal process if you decide to pursue litigation.

Financial advisors can also play a crucial role, particularly in understanding the long-term financial implications of the settlement. They can help you plan for future expenses, invest the settlement wisely, and ensure that you are financially secure. Seeking professional advice is especially important if the case involves significant medical expenses, long-term disabilities, or substantial property damage. These experts can provide the support and knowledge needed to make an informed decision.

Contact Our Skilled Attorneys at KI Legal

Navigating the complexities of an insurance settlement can be challenging, but you don't have to do it alone. At KI Legal, we specialize in business law and are here to help you make informed decisions.

Our team of experienced attorneys in New York, NY, can provide the guidance and support you need to evaluate settlement offers, negotiate better terms, or pursue legal action if necessary. (646) 766-8308

Chapter 7 Bankruptcy, often referred to as "liquidation bankruptcy," is a legal process designed to help individuals and businesses eliminate most of their unsecured debts. This form of bankruptcy is particularly beneficial for those with limited income and cannot repay their debts. Unlike Chapter 13 bankruptcy, which involves a repayment plan over several years, Chapter 7 aims to discharge qualifying debts quickly, usually within a few months. The primary goal is to provide a fresh financial start for the debtor by liquidating non-exempt assets to pay off creditors.

The differences between Chapter 7 and other types of bankruptcy, such as Chapter 13, are significant. While Chapter 13 allows debtors to keep their property and repay debts over time, Chapter 7 requires the liquidation of non-exempt assets. This means that a trustee will sell certain assets and distribute the proceeds to creditors. However, many types of property are exempt from liquidation, allowing debtors to retain essential items like clothing, household goods, and in some cases, even their home and car. Understanding these distinctions is crucial for anyone considering bankruptcy as a solution to their financial woes.

Eligibility Criteria For Chapter 7 Bankruptcy

To qualify for Chapter 7 Bankruptcy, individuals must pass a means test, which assesses their income and expenses to determine eligibility. The means test compares the debtor's income to the median income of a similar household in their state. If the debtor's income is below the median, they automatically qualify for Chapter 7. If their income is above the median, they must complete additional calculations to prove that they cannot afford to repay their debts through a Chapter 13 repayment plan. This process ensures that Chapter 7 is reserved for those who genuinely need it.

Impact on Debtors and Creditors

One of the most immediate effects of filing for Chapter 7 Bankruptcy is the automatic stay, a powerful legal provision that halts most collection actions against the debtor. This includes stopping foreclosure proceedings, wage garnishments, and harassing phone calls from creditors. The automatic stay provides much-needed relief for debtors, allowing them to focus on the bankruptcy process without the constant pressure of creditor actions.

However, it's important to note that the stay is temporary and may be lifted under certain circumstances, such as if a creditor petitions the court.

Filing for Chapter 7 Bankruptcy also has a significant impact on the debtor's credit score and financial future. A bankruptcy filing remains on the debtor's credit report for up to ten years, making it challenging to obtain new credit, secure housing, or even find employment in some cases. However, the discharge of debts can provide a fresh start, allowing debtors to rebuild their financial lives. It's crucial for debtors to understand the long-term implications of bankruptcy and take proactive steps to mitigate its impact on their creditworthiness.

Contact Our Skilled Attorneys at KI Legal

If you are considering Chapter 7 Bankruptcy and need expert guidance, KI Legal is here to help.

Our experienced attorneys in New York, NY, specialize in business law and can provide the support and advice you need to navigate the bankruptcy process. today to schedule a consultation and take the first step toward a fresh financial start.

Let us help you understand your options and develop a strategy tailored to your unique situation. (646) 766-8308

New York City has long been the center of business and commerce, not only in the country but in the entire world. Because of this, New York has a long legal history of business litigation and case law regarding several business torts. Among the most common of these torts is fraud. Fraud may be committed throughout the course of business dealings, for example, during contract disputes and negotiations as well as during the purchase and sale of assets.[1] Claims of fraud may take several forms, but in this article, we will discuss fraud via negligent misrepresentation. What is negligent misrepresentation? Negligent misrepresentation occurs when one party makes an inaccurate or deceptive statement when negotiating, and the false or deceptive statement is used to persuade the innocent person into entering into a contract.

New York courts have established that “a claim for negligent misrepresentation requires the plaintiff to demonstrate

1. The existence of a special or privity-like relationship imposing a duty on the defendant or privity-like relationship imposing a duty on the defendant to impart correct information to the plaintiff;
2. That the imparted information was incorrect; and
3. Reasonable reliance on that information.”[2]

In order to prove a claim for negligent misrepresentation, the plaintiff must show that there was a relationship between plaintiff and defendant in which a duty was owed. Oftentimes, this duty is created through a contractual obligation, or if no contract exists, when there is a traditionally recognized fiduciary or confidential relationship between parties.[3] Without an existing contract, some of the relationships that would allow for a claim of negligent misrepresentation to be brought are of that between clients and attorneys, accountants, and in some cases even professional consultants.[4] The policy reason for needing a contractual or fiduciary duty in order to prevail on a claim for negligent misrepresentation is that it restricts liability to specific relationships. These are relationships where one party is put in a position of higher trust in comparison to an ordinary arm’s length business dealing or transaction.

Intent to defraud the plaintiff or misrepresent facts is not necessary to succeed on this claim. Unlike common law fraud, there must have only been a false statement or misrepresentation made by the defendant to the plaintiff, which the plaintiff then relied on and acted upon.[5] No intent is necessary because the contractual and/or fiduciary duty that is essential to this claim creates a legal duty in lieu of intent.[6] Liability for negligent misrepresentation exists where a defendant possesses unique or specialized expertise which the plaintiff would reasonably rely on.[7] Because of this imbalance in knowledge, courts have found it just that the plaintiff should recover damages when a defendant provides a plaintiff with faulty information. If this duty is not protected and enforced by the courts, then no duty would exist in the first place. Thus, it is necessary to protect such rights of the plaintiff, to also protect the legitimacy of both contractual, fiduciary, and confidential relationships.

It is important that you are aware of the legal hurdles and dangers that may await your business. For help navigating business torts, contracts, and prospective dealings, contact KI Legal’s knowledgeable corporate governance attorneys so our team can help protect your business and interests. Call (212) 404-8644 or submit a contact form on our website at kilegal.com today.

This information is the most up to date news available as of the date posted. Please be advised that any information posted on the KI Legal Blog or Social Channels is being supplied for informational purposes only and is subject to change at any time. For more information, and clarity surrounding your individual organization or current situation, contact a member of the KI Legal team.

_____________________________________________________________________________________

KI Legal focuses on guiding companies and businesses throughout the entire legal spectrum. KI Legal’s services generally fall under three broad-based practice group areas: Transactions, Litigation and General Counsel. Its extensive client base is primarily made up of real estate developers, managers, owners and operators, lending institutions, restaurant and hospitality groups, construction companies, investment funds, and asset management firms. KI Legal’s unwavering reputation for diligent and thoughtful representation has been established and sustained by its strong team of reputable attorneys and staff. For the latest updates, follow KI Legal on LinkedIn, Facebook, and Instagram. For more information, visit kilegal.com.

A defendant faced with a breach of contract claim in New York has a few different defenses available to them. Here, we will address certain defenses specifically as they relate to contract formation, performance, damages, and procedural defenses.

Contract Formation

Ambiguity

A defendant can assert ambiguity as a defense to the formation of a contract where the contractual provision in question is ambiguous and the defendant believes his interpretation is correct. A contract term is ambiguous if it lacks a precise meaning, can be interpreted to mean more than one thing, or provides a reasonable basis for a difference of opinion.

Duress

Next, a defendant may also assert duress as a defense where the plaintiff made wrongful threats to the defendant, the threats coerced the defendant to agree to contract terms, the defendant promptly repudiated or did not otherwise ratify the contract, the defendant had no other reasonable alternative but to accept the contract terms, and ordinary breach remedies are inadequate to protect the defendant.

Mistake

Mistake is another defense a defendant may assert, which can be mutual or unilateral. A mutual mistake occurs when both parties had erroneous beliefs at the time of contracting that certain material facts were true, the mistake existed when the contract was entered into, and it was so substantial that it goes to the heart of the parties’ agreement. A unilateral mistake occurs when the defendant alone had an erroneous belief of certain material facts at the time of contracting, the defendant’s consent to the contract was induced by fraud or some other wrongdoing, and the mistake was not caused by the defendant’s own negligence, it existed when the parties entered into the agreement, and was so substantial that it goes to the heart of the agreement.

Contract Performance

Accord and Satisfaction

A defendant can assert accord and satisfaction where there is a genuine dispute concerning the defendant’s obligations, the plaintiff agreed to accept from the defendant something different than the original obligations, and the plaintiff accepted the new agreement by express or implied conduct.

Relinquishment of Known Contractual Right

Also, a defendant may defend against a breach of contract action where the plaintiff intentionally and voluntarily relinquished a known contractual right, in other words, waived his right under a contract, and that but for the waiver, the contractual right would have been enforceable.

Damages Defenses

Duplicative Damages

A defendant may be able to assert a challenge to the damages award sought by plaintiff if the damages are duplicative of those sought for another claim, such are where tort claims seek the same damages as those for breach of contract claims.

Double Recovery

Also, a defendant may be able to challenge the damages sought by plaintiff if the award would result in double recovery for the same loss or the damages are superseded by a liquidated damages clause in the contract.

Plaintiff's Duty to Mitigate Damages

Additionally, a plaintiff has a duty to mitigate damages and a failure to do so may give defendant a viable defense. Specifically, the defense is available if plaintiff failed to mitigate damages where the plaintiff did not take reasonably necessary and available steps to minimize injury and reduce its damages, and the contract, a statute, or case law does not eliminate the duty to mitigate.

Procedural Defenses

Statute of Limitations

Defendant may assert the statute of limitations if plaintiff failed to timely commence the action. In New York, a plaintiff must commence an action within six years of the alleged breach or within six years after accrual of any alleged quasi-contract claims, such as promissory estoppel or unjust enrichment.

Lack of Standing

Finally, if plaintiff does not have standing to commence the action in the first place, which can be asserted by defendant as a defense to the action. A plaintiff may not have standing where, for example, he is not a party to the contract which has allegedly been breached, the plaintiff is not the real party in interest because it transferred or assigned its rights under the contract to another party, or the plaintiff sued in his individual capacity despite the contract divesting rights only in a partnership held by plaintiff.

Conclusion

As a practical matter, before asserting any defenses, defendants should review their contract to determine whether there are any limitations in the contract itself. For example, contracts may have loss allocation provisions, no-action clauses, or other limitations that limit certain rights and remedies. This is why it is important to retain competent counsel to assist with preliminary contract review before asserting defenses to breach of contract claims. KI Legal’s experienced litigation attorneys are ready and able to help guide you through every step of this process. If you have questions about breach of contract defenses, or need help with your particular commercial dispute matter, KI Legal’s knowledgeable litigation attorneys are here to help. Schedule a free consultation by calling (212) 404-8644 or emailing info@kilegal.com.

This information is the most up to date news available as of the date posted. Please be advised that any information posted on the KI Legal Blog or Social Channels is being supplied for informational purposes only and is subject to change at any time. For more information, and clarity surrounding your individual organization or current situation, contact a member of the KI Legal team.

_____________________________________________________________________________________________

KI Legal focuses on guiding companies and businesses throughout the entire legal spectrum. KI Legal’s services generally fall under three broad-based practice group areas: Transactions, Litigation and General Counsel. Its extensive client base is primarily made up of real estate developers, managers, owners and operators, lending institutions, restaurant and hospitality groups, construction companies, investment funds, and asset management firms. KI Legal’s unwavering reputation for diligent and thoughtful representation has been established and sustained by its strong team of reputable attorneys and staff. For the latest updates, follow KI Legal on LinkedIn, Facebook, and Instagram. For more information, visit kilegal.com.

NEW YORK, NY​ – Koutsoudakis & Iakovou Law Group, PLLC (d/b/a “KI Legal”), represented by Co-Founders Andreas Koutsoudakis and Michael Iakovou, and Liakas Law P.C., represented by Senior Partner Nicholas Liakas and Supervising Partner Scott A. Steinberg, hosted a press conference on Monday, May 20, 2024, announcing the filing of a lawsuit on behalf of four firefighters from Ladder Company 84 and Engine Company 168 – Lieutenant Bill Doody, Firefighter Michael Guidera, Firefighter Kwabena Brentuo, and Firefighter John Sarnes – who nearly lost their lives in a blaze on February 17, 2023. The four-alarm fire began at a single-family home on Shotwell Ave but ultimately spread to neighboring homes due to heavy winds. The closest firehouse, Ladder Company 167, was closed for annual medical exams as per FDNY policy. This left the responding firefighters short-handed and delayed the response. This FDNY policy includes periodic closures of firehouses for medical exams and training, which contributed to the severity of the situation. All four injured firefighters are seeking $20 million in damages and a change in policy.

“As a native Staten Islander, when this matter was first brought to my attention, I felt a strong need to step in immediately. This could’ve been my house, my family, my neighborhood that was impacted. This story is innately close to home, so to realize that the firefighters in my community, and across the City of New York, are rushing into raging blazes, and that this type of situation could be prevented, is what is motivating our taking on this case. Real-life heroes don’t wear capes; they wear 50 pounds of gear and run into burning buildings. While people run away from danger, our firefighters run towards it to protect the public.” said KI Legal Personal Injury Co-Founder Andreas Koutsoudakis. “The City of New York should be implementing common sense policies to ensure that our bravest are protected, not implementing nonsensical policies that put them in harm’s way. The policy of closing firehouses for required physicals without replacements is a dangerous policy that increases the likelihood that our firefighters will be placed in harm’s way. Our clients suffered life-altering injuries as a result of this policy. We look forward to fighting vigorously in Court on their behalf so that they can be compensated for their injuries and to ensure that the same does not occur to any other firefighters.”

The lawsuits, on behalf of the plaintiffs, have been filed in Richmond County Supreme Court. For further reference, the index numbers are: 151001/2024; 151002/2024; 151003/2024; and 151004/2024.

In today's competitive business landscape, companies are constantly seeking innovative ways to expand their reach, access new markets, and leverage additional resources. One effective strategy that has gained popularity in recent years is the formation of joint ventures. This article will provide an overview of joint ventures, exploring their benefits, challenges, and key considerations for success.

What is a Joint Venture?

A joint venture is a strategic partnership between two or more companies that collaborate on a specific project or venture while maintaining their separate legal identities.
At its core, a joint venture is a mutually beneficial arrangement where two or more companies pool their resources, expertise, and networks to achieve a common goal. Joint ventures can take various forms, ranging from short-term collaborations to long-term partnerships. They can be established for a specific project, such as the development of a new product or the exploration of a new market, or for ongoing operations in a particular industry.

Joint Venture Advantages

One of the primary benefits of a joint venture is the ability to access additional resources and capabilities. By partnering with another company, organizations can tap into their partner's expertise, technology, distribution channels, and customer base. This can significantly enhance their competitive advantage and accelerate their growth.

Joint ventures also allow companies to share the risks and costs associated with a particular venture, making it a more viable option for pursuing ambitious projects that may be too costly or risky to undertake alone.

Another advantage of joint ventures is the opportunity for market expansion. By partnering with a company that has a strong presence in a particular market or industry, organizations can gain access to new markets, customers, and distribution channels.

Joint Venture Challenges

With all that said, it is important to note that joint ventures also come with challenges. One of the key challenges is finding the right partner. It is crucial to identify a partner that shares a similar vision, values, and strategic objectives.

Compatibility in terms of culture, management style, and decision-making processes is also essential for a successful partnership. Additionally, clear and well-defined roles, responsibilities, and expectations should be established from the outset to avoid conflicts and misunderstandings.

Effective communication and collaboration are also critical for the success of a joint venture. Open and transparent communication channels should be established to ensure that all partners are aligned and informed about the progress, challenges, and decisions related to the venture. Regular meetings, progress reports, and performance evaluations can help foster a collaborative and productive working relationship.

Joint Venture Agreement
All potential challenges that can occur should be contemplated and addressed in a well-drafted joint venture agreement. This agreement should outline the terms and conditions of the partnership as well as address key aspects such as:

• The purpose and scope of the joint venture,
• The contribution of each partner,
• The sharing of profits and losses,
• Decision-making processes,
• Dispute resolution mechanisms, and
• The duration and termination of the venture.

Seeking legal advice and involving experienced professionals in the negotiation and drafting of the agreement is highly recommended to ensure that all parties' interests are protected. KI Legal’s knowledgeable transactional attorneys are well-versed in these matters and are prepared to help guide you through each step of the process. For more information on joint ventures, or for help with your particular real estate venture at hand, contact us at (212) 404-8644 or email info@kilegal.com to discuss.

This information is the most up to date news available as of the date posted. Please be advised that any information posted on the KI Legal Blog or Social Channels is being supplied for informational purposes only and is subject to change at any time. For more information, and clarity surrounding your individual organization or current situation, contact a member of the KI Legal team.

_____________________________________________________________________________________________

KI Legal focuses on guiding companies and businesses throughout the entire legal spectrum. KI Legal’s services generally fall under three broad-based practice group areas: Transactions, Litigation and General Counsel. Its extensive client base is primarily made up of real estate developers, managers, owners and operators, lending institutions, restaurant and hospitality groups, construction companies, investment funds, and asset management firms. KI Legal’s unwavering reputation for diligent and thoughtful representation has been established and sustained by its strong team of reputable attorneys and staff. For the latest updates, follow KI Legal on LinkedIn, Facebook, and Instagram. For more information, visit kilegal.com.

Marital status discrimination occurs when an employer makes an employment decision, whether it be in hiring, firing, promoting or any other employment action, based not on an employee’s skill, experience, or other qualifications, but on marital status.[1] In New York State, there are specific laws in place to safeguard individuals from discrimination based on their marital status.

The New York State Human Rights Law (NYSHRL) serves as a shield against biased treatment on the grounds of whether an individual is single, married, divorced, separated, or falls within similar categories. This law prohibits employers from engaging in discriminatory practices, emphasizing that an individual's marital status should never be a factor in employment decisions or treatment within the workplace. In addition, the New York City Human Rights Law (NYCHRL) has similar prohibitions on marital discrimination in the workplace. Because these laws are virtually similar, a plaintiff may make a case under both statutes. This means they may bring forward two causes of action for marital status discrimination if the discrimination occurred in a New York City business.[2]

Unlike the NYSHRL NYCHRL, federal law under Title VII does not prohibit employment discrimination based on marital status. Nevertheless, instances where criteria based on marital status demonstrate disparate treatment among various protected classes could potentially support a federal discrimination claim.[3]

A pivotal case, Kipper v. Doron Precision Systems, serves as a clear illustration of the stringent stance taken by the Third Department against marital status discrimination.[4] In this case, discriminatory statements directed at an employee—citing that their single status made them more financially resilient and thus a preferable candidate for layoff—were deemed as direct evidence of discrimination.[5] This verdict emphasizes the broad scope to which anti-discrimination laws apply in New York.

To defend against a case of marital discrimination, a defendant must show legitimate, independent, and nondiscriminatory reasons for its employment decision.[6] For example, once a plaintiff makes a case establishing evidence of marital discrimination, the defendant can rebut with evidence that the plaintiff's employment was terminated as part of a reduction in work force due to economic conditions, and that the plaintiff was chosen for the layoff due to lack of work.[7] Courts have established that these factors are legitimate, independent and nondiscriminatory reasons for an employment decision.[8]

It's crucial to note a notable distinction within the NYSHRL: it does not extend protections to "marital relationships."[9] This means that claims of discrimination specifically centered around marriage to a particular individual are not covered.[10] Consequently, New York's prohibition on marital status discrimination does not prevent employers from enforcing facially neutral policies aimed at preventing nepotism or favoritism. Such policies can include restrictions on employees supervising family members, including spouses, or engaging in intimate relationships within their supervisory hierarchy. One such example where a claim for marital status would not apply is when there is a refusal to hire a prospective employee based on the fact that she is married to a current employee. Such a distinction does not fall under the purview of the NYSRHL because the prospective hire is not being discriminated against based on her status as married, but instead because she is married to a specific person.[11]

While New York’s legal landscape champions the protection of individuals from unfair treatment based on their marital status, there are nuances and exceptions within the law. It is important that you are aware of the legal hurdles and dangers that may await your business. KI Legal is here to help employers navigate all types labor & employment, discrimination, and business litigation dealings – protecting your business every step of the way. Contact us today to learn more about how we can help you. Call (212) 404-8644 or submit a contact form on our website at kilegal.com for a free consultation.

This information is the most up to date news available as of the date posted. Please be advised that any information posted on the KI Legal Blog or Social Channels is being supplied for informational purposes only and is subject to change at any time. For more information, and clarity surrounding your individual organization or current situation, contact a member of the KI Legal team.

______________________________________________________________________________________________

KI Legal focuses on guiding companies and businesses throughout the entire legal spectrum. KI Legal’s services generally fall under three broad-based practice group areas: Transactions, Litigation and General Counsel. Its extensive client base is primarily made up of real estate developers, managers, owners and operators, lending institutions, restaurant and hospitality groups, construction companies, investment funds, and asset management firms. KI Legal’s unwavering reputation for diligent and thoughtful representation has been established and sustained by its strong team of reputable attorneys and staff. For the latest updates, follow KI Legal on LinkedIn, Facebook, and Instagram. For more information, visit kilegal.com.