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New York City Legal Blog

An Out-of-Possession Landlord Cannot Avoid Liability for a Fall on Snow and Ice Under a Statute Imposing Liability on an Owner Even If the Owner Delegated Responsibility for Maintaining the Property to the Tenant

By: Louis G. Adolfsen and Michael F. Panayotou

Impeachment - Did President Trump, Unwittingly, "Secretly" Record Himself and Prove His Conduct Was Malum In Se

Many commentators have noted that proving that a President committed "high crimes and misdemeanors" is not the same as proving that the President committed a crime. The history of the drafting of the Constitution shows that the phrase "High Crimes and Misdemeanors" was adopted to cover a broad spectrum of wrongful acts that may not fit any statutory definition of a crime. A useful comparison might be the conduct of President Reagan, who was not impeached, and President Nixon, who was. "Impeachment" means the process by which the House of Representatives presents Articles of Impeachment, which is the equivalent of an indictment, before the matter moves to the Senate for trial or other proceedings.

You May Think You Are Insured as an Additional Insured But You May Find You Are Not Covered

Anyone who hires someone to do construction should ask the contractor to name them as an additional insured on the contractor's policy. The contractor may agree to provide the coverage but then may fail to follow the rules in the policy for providing additional insured coverage. You may not learn about the mistake until you are sued and find you are not covered.

Picking a Supreme Court Judge is like a Box of Chocolates - So it is with Judge Kavanaugh. "You never know what you're gonna get."

As Forrest Gump, said in the 1994 film: "My mom always said life was like a box of chocolates. You never know what you're gonna get." ...Life is a box of chocolates." The same thing can be said about picking Supreme Court Justices.

Doctors may be Convicted of Manslaughter for Prescribing Opioids

In 2004, a physician specializing in pain management, opened a clinic. The prosecution asserted that the clinic was nothing more than a "pill mill" catering to people who were hopelessly addicted to pain medicine, primarily opioids. The evidence showed that defendant engaged in only the most cursory examinations and rarely ordered diagnostic scans. Notwithstanding the options for treating pain, the doctor regularly prescribed opioids as a first resort. Appointments were not necessary and all payments were required to be made in cash. From 2008 through October 2011, defendant wrote over 21,000 prescriptions for controlled substances, at an increasing pace, with more than half for substances containing the opioid oxycodone, and more than a quarter for alprazolam (Xanax).

If you are injured in a foreign country can you sue in the United States? Probably not, under the doctrine of Forum Non-Conveniens

Americans who travel abroad are sometimes injured in accidents, just like at home. Perhaps the most common accident is a slip and fall at a hotel or resort. Upon returning to the United States for treatment, the injured party may call a lawyer and ask if her or she can sue in the United States. The answer is probably no.

Concealed Carry Reciprocity Act of 2017 -- If you want to take your gun to New York, you could be facing criminal charges

The Concealed Carry Reciprocity Act of 2017 amends the federal criminal code to allow an individual, eligible to carry a concealed firearm in his or her state of residence, to carry that handgun in another state, even in a school zone, that allows individuals to carry concealed firearms.