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Court: Condo Association Has the Right to Amend Bylaws to Bar Smoking Within Individual Units
In February 2014, our client, a Westchester County condominium association (the “Association”), amended its bylaws to bar smoking everywhere on the condominium property, including inside individual units (the “No Smoking Bylaw”). One unit owner (“Defendant”) continued to smoke in his unit despite the Association's demands that he comply with the No Smoking Bylaw. The Association retained us to enforce its rights under the Bylaw.
A Condominium's Bylaws May Restrict Conduct Within Units
While New York courts had previously ruled that second-hand smoke could constitute a nuisance that could be enjoined in particular cases, no court had decided whether a condominium association had the right to bar smoking in units based purely on the authority of the bylaw. In fact, we found just one relevant decision nationally, a 2005 Colorado decision that upheld a condominium declaration amendment barring smoking in units.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
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Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?