Like anything else that gets media attention today, it always depends on where you look and how much you want to dig. Take COVID divorce rates, for example. On October 16, 2020, the National Law Review published an article that indicated that “divorce rates were spiking,” citing a September 1, 2020 article in the New…
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A night out in Westchester County should be filled with good food, great company, and fun experiences. However, an unexpected slip and fall accident can quickly ruin an evening, and an untreated slip and fall injury can ruin a lifetime. Slip and fall accidents are what the law calls it when someone falls and gets…
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The extent to which the government can limit our freedom of movement has been called into sharp relief by the Coronavirus and the swell of Social Distancing and Stay-At-Home orders. Read on to find out where these powers originate and who controls your most controversial rights. The Attorney General has recently made it clear that…
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Challenging a will in New York State or New York City is not a simple task. The right to contest a will is not an inherent power available to just anyone. You cannot contest your neighbor’s will simply because you believe his estate should go to his daughter rather than his teacup Yorkie named Freddie….
Poquee v Wheldon 2024 NY Slip Op 51245(U) Decided on September 5, 2024 Supreme Court, Albany County, Hartman, J., restates the well settled (and perhaps unfair) rule that a criminal defendant has no good claim against the defense attorney absent “actual innocence” which generally means acquittal, exoneration or reversal on appeal. Practitioners get a large…
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1532-1609 OCEAN AVE LLC v. HERTZAN, 2024 NY Slip Op 24180 – NY: City Court, Civil Court 2024: This is a nonpayment proceeding commenced against Dena Hertzan (“respondent”) on the basis of an unregulated lease agreement to pay rent in the amount of $1,800 per month commencing April 1, 2020 and expiring March 31, 2021….
The Appellate Division Second Department recently ruled that, under the procedure followed by objecting neighbors, the local Zoning Board of Appeals (“ZBA”) lacked jurisdiction to rule on the neighbors’ objection. In Matter of Capetola v. Town of Riverhead, the Petitioners/Plaintiffs (“Petitioners”), who owned a property nearby the property in contention, had raised an issue as…
The walk and turn has over a hundred little steps, so even a 97% correct is a big fail. Police criteria on whether you pass or fail field sobriety is extremely subjective. What exactly is involved in the walk and turn test?Can we defend this test just based on common sense? Read on to see…
Read More “I Think I passed (did well) on the Police Field Sobriety Tests” »
Here’s a common scenario most face when they know of a deceased person who used to live in New York, moved out of the country, but still had a safety deposit box in the state: The deceased died in Ecuador. Years later, the family receive a letter from Chase Bank about the decedent’s two safety…
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Wrongful Death Process One of the first steps in the handling of a potential wrongful death case in New York is to confirm that there has been a death caused by wrongful conduct. There must be survival by distributees who have suffered pecuniary loss, which means that if none of the decedent’s survivors relied on…
