New York Legal Articles

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NY Car Accidents and Insurance: News You Can Use

  February 21, 2014     By Block O'Toole & Murphy
If you are like most people in New York, car accidents leave you wondering what to do. In addition to obtaining prompt and effective medical care if you have been injured, you will need to deal with your insurance company. Unfortunately, this can turn even a minor fender bender into a major challenge and require you to spend significant time to get the benefits you thought you had paid for with your insurance premiums.

Distracted Driving: A Serious Problem in New York

  February 21, 2014     By Block O'Toole & Murphy
Did you know that according to the Centers for Disease Control and Prevention, approximately 15 people die per day in the United States in car accidents that involve distracted driving? Moreover, another 1,200 people are injured on a daily basis.

NYPD Officer Arrested for Off Duty Drunk Driving Accident

  January 27, 2014     By Perez & Cedeño, P.C.
No one is perfect, and even police officers can be caught driving under the influence. Such is the case for a 28 year-old off-duty police officer of the NYPD.

MTA Cracks Down on Bus Driver Violations, but Some Slip through the Cracks

  December 7, 2013     By Tolmage, Peskin, Harris & Falick
New York City MTA bus crashes have increased recently due to an influx of new, inexperienced bus drivers. The inexperienced drivers have increased the risk to passengers, pedestrians and motorists.

E-2 Visa: Consular Processing or Change of Status?

  December 2, 2013     By Law Offices of Simone Bertollini
There are 2 different ways to apply for the E-2 Treaty Investor Visa, below are the pros and cons of each choice.

Is It Lawful for a U.S. Citizen to Hold Dual Citizenship?

  November 23, 2013     By Law Offices of Simone Bertollini
This article explains whether U.S. law allows dual citizenship with other countries, the difference between dual citizenship at birth and by naturalization, and how U.S. Citizens can claim their right of Italian Citizenship under the jus sanguinis principle.

Construction workers at a higher risk for accidents

  November 4, 2013     By Rosenberg & Gluck, LLP
Not long ago a Queens construction worker died when he fell through a floor and struck his head on a steel girder. The 42-year-old worker was rushed to the hospital but sadly died shortly afterward from his injuries.

Marriage Loses Its Draw for the Working Class: Study

  October 22, 2013     By The Law Offices of Scupp & Berman, LLP
A recent study of marriage among those with and without a college education revealed that marriage is often postponed for those in the working class who don’t have a college degree.

Lack Of Complete Diversity Of Citizenship Of Members Of Equine LLCs Requires Dismissal Of Federal Action

  October 17, 2013     By Ira A. Finkelstein, P.C.
The issue of diversity of citizenship is of particular interest to equine ownership and contract disputes, because many equine-related entities are organized as limited liability companies (LLCs). The citizenship of LLCs is subject to a different rule than the citizenship of corporations, a distinction that may escape the attention of attorneys.

Suffolk County Woman Charged in DUI Crash

  October 4, 2013     By Perez & Cedeño, P.C.
A 29 year-old woman faces criminal charges connected with impaired driving after she struck a minibus carrying disabled children in the hamlet of Central Islip in Suffolk County this month.

Divorce Affects Parent-Child Relationships Later in Life

  August 19, 2013     By The Meyers Law Group, PC
New research indicates that children who were you when their parents divorced may feel insecure about their relationships with their parents later in life.

New York Same-Sex Marriage

  August 2, 2013     By The Meyers Law Group, PC
Information about same sex marriage in New York and the ways in which a family law attorney can assist same sex couples with their legal issues.

How Disabled Do You Have to Be to Get Social Security Disability Benefits?

  July 16, 2013     By Turley, Redmond, Rosasco & Rosasco, LLP
You do not have to be "totally disabled" or an invalid! For many claimants, you only have to be disabled from your former type of work. The Social Security Administration will take into consideration your age, education and past work experience in deciding if you are disabled under their rules. Every case is unique.

Brain Injury Survivors Share Their Stories

In the United States alone, between 1.5 and 2 million people sustain some sort of brain injury every year. Around 90% of these occur in accidents, while 10% happen as a result of an assault. The Brain Injury Society recently held an event at Gaylord Hospital to honor those who have been affected by traumatic brain injuries and create greater awareness to the general public.

Questionable SUV Stability Causes Most Rollover Accidents

Rollover accidents comprise only 3% of all vehicle accidents in the U.S. but most of these involve SUVs. There are no strict laws that prohibit the use of these types of vehicles and their inherent features and design do not offer a high level of security to its passengers, and so drivers should be extra careful when driving SUVs.

A Quiet Danger: Three Common Types of Nursery Product Defects

  May 2, 2013     By Tolmage, Peskin, Harris & Falick
The CPSC reports that on average, 114 children die from nursery product injuries each year. This article examines the three types of product defects, as well as the victim’s and family’s rights after an accident.

Hypoxic-Ischemic Encephalopathy: Still a Common Threat to Infants

  April 26, 2013     By Tolmage, Peskin, Harris & Falick
Despite advances in neonatal medicine, hypoxic-ischemic encephalopathy remains a common condition in the U.S., potentially causing cerebral palsy, brain damage or death to the infant.

Harlem, Lower East Side Children More Likely To Die In Crosswalks

  April 25, 2013     By Tolmage, Peskin, Harris & Falick
Children in Harlem and the Lower East Side face a disproportional pedestrian accident rate than children in other areas of Manhattan. Why is there such a large disparity and what is the solution?

U.S. Census Shows Fewer Divorces in Northeast

  April 24, 2013     By The Law Offices of Scupp & Berman, LLP
The results from the 2011 American Community Survey, published by the U.S. Census Bureau in 2012 showed that the state with the lowest percentage of divorced residents was New Jersey.

The Cheapest Way to Divorce

  April 24, 2013     By The Law Offices of Scupp & Berman, LLP
The typical divorce process is very expensive and can cost upwards of $15,000. Using the method of divorce mediation instead, couples can save both time and money while ending their marriages.

Equitable Distribution in New York State: How Property is Divided in Divorce

  April 23, 2013     By Brian D. Perskin & Associates, PC
When a couple divorces in New York State, how the parties’ property will be divided must be agreed upon between the spouses or determined by the court. The process of determining how to fairly divide property between two spouses is referred to as equitable distribution. This does not mean that property is divided 50/50 between each party, but rather, the court considers what each party contributed to the marriage and what each person’s needs are in order to fairly distribute marital property.

Caffeine as the Safest and Most Effective Solution to Truck Driver Fatigue

Despite the pressure to most truck drivers to deliver in a timely manner over very long distances, the solution to staying awake and free from fatigue may be as simple as a cup of coffee, as reflected in the results from a recent Australian research. Instead of taking harmful prescription drugs that may lead to side effects and even road accidents, it may be better for truck drivers to limit their solutions to regular intake of caffeine.

Brain Injury Awareness Month in New York

Some of the most serious injuries resulting from an accident are brain injuries, and the medical expenses that follow could put a strain on your finances as well as your family's. When pursuing compensation for damages, it is recommended that you engage the services of an experienced and skilled personal injury attorney to help you obtain the highest possible amount for your claim.

Speeding Remains the Number One Vehicle Accident Problem

While recent statistics show a drop in vehicular accident fatalities over the past ten years, the most common cause of road accidents needs to be given some attention. The combination of speeding and aggressive drivers is the main factor involved in motor accidents and state authorities need to implement more effective measures to help prevent these accidents. For now, individuals may turn to their personal injury lawyer in seeking compensation for pain and injury resulting from these accidents.

What Is a Bank Levy

Imagine getting a letter in the mail informing you that your mortgage payment has been rejected by your bank for insufficient funds. This may be because your bank account has been levied by another creditor whom you owed money.

Indigenous Women Share Perspectives on Violence at United Nations

Women have historically been subjected to legal discrimination based on their gender. With the passage of Title VII of the Civil Rights Act of 1964 (42 U.S.C.A. § 2000e et seq.), women are able to use the law to fight sex discrimination in employment, education, domestic relations.

Andrew Cuomo Introduces Unprecedented Women’s Rights Legislation

New York is leading the way on legislation to ensure women aren't treated as second-class workers.

How Safe Are New York Pedestrians?

In short, the overall picture looks good. New Yorkers can be confident that their streets are getting safer. However, not everything is wonderful, and the city cannot afford to relax its efforts to improve pedestrian safety.

Elder Abuse Is a Growing Problem, Especially in For-Profit Nursing Homes

The growing number of for-profit nursing homes appears to be adding to the problems of waste, fraud and abuse that plague many nursing homes.

Types of Recoverable Damages in a New York Personal Injury Auto Accident Case

If you have suffered injuries as the result of an accident due to someone else's negligence, you may be entitled to financial compensation. There are two general types of damages that an injured party can recover: compensatory and punitive.

Explaining the Differences between Family & Supreme Court in NY State

For couples seeking a divorce or families dealing with a family law issue, the difference between Family Court and Supreme Court in New York State may not always seem clear. Cases often involve both of these courts, and they share jurisdiction, or authority, over multiple domestic issues. Yet there are important differences between each of these courts.

New York State Tops the Nation With Investment Fraud Schemes

New York City is known as the nation capital for federal securities and investment fraud investigations and prosecutions. The most common claims in arbitration filed in New York include Breach of Fiduciary Duty, Negligence, Fraud/Misrepresentation, Failure to Supervise and Breach of Contract.

Are You Being Aggressive, Enough (Legally)?

The question in the 80′s used to be, “How far can I push it before I get audited?” However, with increased IRS enforcement, it’s now important to ask, “Will I pass an IRS audit?”

IRS Announced the Reopening of its Offshore Voluntary Disclosure Program

On January 9, 2012, the IRS announced the reopening of its offshore voluntary disclosure program (now in its third iteration) to assist people who have been hiding offshore accounts in becoming compliant with their tax liabilities.

The Violence Against Women Reauthorization Act and Violence Against Men

Last week, the Violence Against Women Reauthorization Act was reintroduced by the U.S. Senate Judiciary Committee Chairman Patrick Leahy, a Democrat, and Sen. Michael Crapo, a Republican. This act continues and expands upon the 1994 landmark law, the Violence Against Women Act, which combatted domestic violence, sexual abuse, and stalking by authorizing services such as shelters and legal assistance for victims and survivors of abuse.

Medical Errors Can Be Prevented and Patient Safety Improved

Although medical literature frequently reports computerization of medical records, barcoding for medications, evidence-based medicine, and other approaches can reduce medical errors, practitioners and institutions have not embraced them very speedily.

How the Consumer Product Safety Commission Keeps Us Safe

The CPSC is an independent federal regulatory agency whose mission is to keep American consumers safe. The agency issues standards for products and safety recalls for products demonstrated to create risks to users and consumers.

New York’s Wrongful Death Statute Needs Changing

According to some legal experts, the New York wrongful death law has not changed much since 1847, when it was first enacted, and reflects 19th-century values.

Patient Safety Is No Accident

It is important for expectant parents to educate themselves about birth injuries in general and about things they can do to help keep their unborn babies safe until they enter the world.

New York PLLC

  By Murray LLP
PLLCs (Professional Service Limited Liability Companies) are a popular choice for professionals in New York wishing to conduct business.

An Alarming Look Back At Fatal New York Traffic Accidents In 2012

As 2012 draws to a close, it’s natural to wonder what 2013 will bring to New York City traffic safety.

Can A Parent Coordinator Alleviate Conflict After The Divorce?

A divorce is never easy, but there are ways that the distress of going through a divorce and the accompanying child custody hearings can be minimized.

Keep or Toss? A Guide for Retaining Financial Records

Are you worried about an Internal Revenue Service (IRS) tax audit? Does that worry make you keep records too long and clutter your living quarters? If a mountain of financially related documents is threatening to overwhelm your space and your sanity, it is time to de-stress.

Asylum in the United States: Application, Court, and Asylum Benefits

A person who is fearing persecution in his/her country may request the Unites States government to provide protection by submitting an application form I-589 and supporting documents. The person must be physically present in the United States to do so. If a person is asking for protection outside the United States, the person is called a refugee.

Potential Abusive Tax Avoidance Transactions

412(i) plans and employers under audit for "potential abusive tax avoidance transactions" have asserted claims against insurance companies and their agents to recover money paid for insurance policies and for IRS assessed interest and penalties. Most are or will be audited by IRS for not properly filing under IRS code 6707a and will also lose the lawsuits for failing to mitigate the damages etc.

Abusive Insurance and Retirement Plans

Single-employer section 419 welfare benefit plans are the latest incarnation in insurance deductions the IRS deems abusive.

Employer Alert: Are You Ready for 2013?

United States employers will be faced with a number of new obligations as of January 1, 2013

Don’t Get Caught in 409A Tax Trap – Year End Deadline Looms

Severance payments on a release or non-compete must comply with Section 409A tax rules by December 31, 2012.

Abusive Tax Shelters

As an expert witness on 419 412i and abusive tax shelters my side has never lost a case. Many insurance agents that sold, and were sued, for selling those plans are now selling captive insurance and section 79 plans. The IRS is now looking at these plans. I have also received calls from people who are being audited by the IRS.

419 and 412 Plan Fraud

You think you know what you are getting when you buy an insurance plan, but what do you do when you find out that your plan does not work they way you thought?