New York Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in New York
June 15, 2015 By Bottar Leone, PLLC
According to the United States Supreme Court, the two- year and six- month time limits in 28 U.S.C.§ 2401(b) of the Federal Tort Claims Act (FTCA) "are just time limits, nothing more. Even though they govern litigation against the Government, a court can toll them on equitable grounds."
May 5, 2015 By Accountability Services Inc
Even though the post-recession darkness has been illuminated by the Dow-Jones surpassing 18,000, the pressure on in-house counsel to manage and control the efficiency, predictability and cost effectiveness in the delivery of legal services has not lessened. The good news for in-house counsel is that over the past seven years or so there has been a dramatic shift in the relationship from a sellers’ market to a buyers’ market and there is now a fiercely competitive market for legal services.
May 2, 2015 By John M. DeProspo & Associates
Everyone has heard of the terms: defamation, slander and libel. But not all understand the meanings of the words or the elements necessary to bring a successful lawsuit involving those legal concepts.
April 27, 2015 By The Law Offices of Kenneth A. Wilhelm
People are more likely to cause serious accidents when they use cell phones while driving. In fact, a study conducted by the University of Utah shows drivers who use cell phones while driving are as impaired as drunk drivers.
April 26, 2015 By Fundaro Law
If you have been injured on a sidewalk in New York City, there are many factors to consider when considering who is at fault and whom the claim needs to be brought against.
April 21, 2015 By Daniel H. Erskine, Esq.
The United States government has declared increased exports are the path for financial recovery. In particular, the Small Business Administration declared exports are the principal method to buttress American small business. So, how do small businesses effectively negotiate in the international market?
April 21, 2015 By Hendricks Law Firm PLLC
Reasons to consider non-compete and non-solicitation agreements.
April 21, 2015 By Hendricks Law Firm PLLC
How to handle a New York liquor license when not operating.
April 1, 2015 By D.A. Doddridge & Associates, Inc.
According to the National Safety Council statistics, falls are the second leading cause of accidents in the U.S., second only to motor vehicle accidents. While many falls occur as the result of a “slippery” floor, many falls also occur on stairways, both within the home and in commercial locations.
March 30, 2015 By The Law Offices of Kenneth A. Wilhelm
According to the National Highway Traffic Safety Administration, motorcyclists are 35 times more likely to experience a fatal accident than car drivers.
March 27, 2015 By Greco Neyland, PC
Returning to the United States after being deported or removed is a violation of federal law. Alleged offenders could be sentenced to prison before being returned to their home countries—where they could face additional consequences as well.
March 26, 2015 By The Law Offices of Robert S. Lewis, P.C.
According to RealtyTrac, there were 16,700 zombie foreclosures in New York in 2014. That number has since risen by 54 percent. These homes are often the houses that bring a neighborhood's value down; the houses with unkempt lawns and boarded-up windows that are easy to ignore and forget.
March 25, 2015 By Kaplan Lawyers, P.C.
For most of us, the word “poison” conjures up fairy tales and fantasies — Snow White’s poisoned apple, Captain Hook’s medicine in Peter Pan, the Wicked Witch’s poppy field in The Wizard of Oz. Or, for readers of a certain age, maybe “Every Rose Has Its Thorn” comes to mind.
March 23, 2015 By The Law Office of Zev Goldstein PLLC
If you’ve violated DWI in NY, the repercussions can be staggering; a negative impact on your career, increased insurance premium costs, personal and family embarrassment and a ruined driving record which can take years to repair. We’d like to share some of the common DWI questions.
March 15, 2015 By Law Offices of Simone Bertollini
When an L-1 Visa is denied by USCIS, you may have the option of skipping an administrative appeal to the AAO, and file a petition for review with a Federal District Court under the Administrative Procedure Act.
March 12, 2015 By The Law Offices of Robert S. Lewis, P.C.
Just like all other forms of marital property, a couple's mortgage on their home must be divided during their divorce. A mortgage is considered to be a piece of marital debt.
March 11, 2015 By The Law Offices of Kenneth A. Wilhelm
When your child rides on a school bus, the last thing you think about is an accident. Although accidents involving school buses may be rare, when they do occur they can be catastrophic.
February 24, 2015 By The Law Offices of Robert S. Lewis, P.C.
Credit card debt. Bills piling up. Filing for bankruptcy. Bankruptcy proceedings. Destroyed credit. Foreclosure. All of these things can take a toll on a person, not just financially, but emotionally and legally. Though some might view bankruptcy as an admission of failure, bankruptcy is actually an opportunity.
February 22, 2015 By Brune Law Office
Certain types of repetitive work activities can either cause, or aggravate symptoms in areas of the body, including the knees, arms, shoulders, back and neck. The types of activities and jobs are virtually unlimited, and can be the subject of considerable litigation.
February 20, 2015 By The Law Offices of Robert S. Lewis, P.C.
This year, Chapter 11 bankruptcy is getting an overhaul. These changes are designed to make filing for Chapter 11 bankruptcy easier for businesses.
February 20, 2015 By The Law Offices of Robert S. Lewis, P.C.
Filing for bankruptcy changes your life. As you know if you recently filed for Chapter 7 or Chapter 13 bankruptcy, filing for bankruptcy takes a toll on your credit score, your financial well being, and your emotional health.
February 7, 2015 By The Law Firm of Richard H. Lovell, P.C.
Purchasing a home, especially for the first time, can be a very scary but wonderful experience. Below you will find information that is sure to answer many of your questions regarding the purchase of your first house or apartment!
February 3, 2015 By Mona Shah & Associates
China’s state television accused Bank of China, one of the biggest state-owned commercial banks in China of violating the currency exchange rules and involves in shadow banking and money laundering on a large scale. This news is rather alarming to the EB-5 community as China provides more than 85% of the EB-5 investment.
January 22, 2015 By Oliveri & Schwartz, P.C.
Our major Uber ride-sharing concern is the issue of liability insurance coverage, not only for the Uber passenger; but also for pedestrians and occupants of other vehicles which might be involved in a crash with a Uber car. Even if the Uber passenger doesn't care about insurance coverage for themselves, does the Uber customer want to be a good citizen? If so, and we sure do hope that being a good citizen is something to strive for, then we all need to seriously weigh the Uber pros and cons.
January 19, 2015 By John M. DeProspo & Associates
Ask any personal injury lawyer and they will tell you the number one question asked of them is “Can I sue?” Coming in a close second is “Do I have a case?” Both questions miss the mark, however, as the real question that accident victims should be asking is “Do I have a case worth pursuing.”
December 19, 2014 By Oliveri & Schwartz, P.C.
To sue or not to sue is indeed a pretty good question. The lawsuit can be underway at the time of the ADR; or, the success or failure of the ADR can determine whether a lawsuit is even necessary.
December 16, 2014 By Brune Law Office
My clients are often surprised to learn that even after devoting many years of loyalty to a company, that he or she is subject to termination, even after suffering a work related injury.
December 1, 2014 By Law Offices of Kenneth Hiller, PLLC
Most lemon laws apply to dealers only, not to private sellers. Because of this some unscrupulous dealers attempt to sidestep the laws altogether by using a system called curbstoning.
November 1, 2014 By Brune Law Office
The New York State Workers' Compensation Law provides for indemnity and medical benefits if a claim is found to be work related. One of the more controversial aspects of a work related claim occurs when an injured worker alleges stress, anxiety or depression as a result of employment.
October 23, 2014 By Law Offices of Kenneth Hiller, PLLC
Trading in your old car to help pay for a new one at the dealership may seem like a good way to shave off the cost of a new car. However, not all trade-in transactions are handled in an honest manner, and this can lead to unfortunate results for consumers.
October 17, 2014 By Oliveri & Schwartz, P.C.
If you drive a car, you’ve probably seen it happen (or you’ve seen the aftermath). A mattress, a piece of furniture, a chunk of metal, a huge box or some other large object falls off a moving truck (or the object is lying on the side of the road). What happens when the stuff that fell off the truck hits a car or a pedestrian or a bicyclist, causing a wreck and injuries? Is the truck responsible?
October 7, 2014 By Brune Law Office
It may seem to run contrary to common sense, but it is possible to collect both workers' compensation and unemployment benefits. However, an injured worker should be aware of the limitations of each program.
September 24, 2014 By Keogh Crispi, PC
A recent court decision based on the case Hamilton v. Miller in the New York Court of Appeals is giving more hope to victims in New York lead poisoning cases. Previously, victims had to provide medical reports relating to each alleged injury. The lower court's narrow requirement requiring medical reports be furbished before defense medical examinations take place is no longer honored in lead poisoning cases, although victims must still furnish medical records relating to their injuries.
September 22, 2014 By Gehi & Associates
Most of the foreigners trying to work in the United States. H1B visa is a non immigrant visa, but five immigrant visas allow foreigners to work in the United States and also get many immigration benefits through these EB visas. 1,40,000 visas allocated for every fiscal year. Highly skilled professionals, research professionals, professors and who has extraordinary abilities they can get higher priority
September 15, 2014 By Brune Law Office
The determination of whether an injured worker is an independent contractor or an employee involves a variety of tests and factors. The ultimate decision is critical, as it can determine whether benefits under the New York State Workers' Compensation Law are payable by the employer.
August 31, 2014 By Brune Law Office
An employee injured in New York State will likely have to decide whether to retain a workers' compensation lawyer to assist in the claim. For a myriad of reasons, more often than not it makes sense to secure the services of an experienced attorney.
The U.S. Consumer Product Safety Commission (CPSC) has announced a recall of three models of the Nap Nanny ® infant recliner chair/bed made by Baby Matters, LLC of Berwyn, Pennsylvania. The Nap Nanny is a portable infant recliner designed for sleeping, resting, and playing. It includes a shaped foam based fitted with a fabric cover and three-point harness.
Every parent warns their child about crossing the street and instructs them to always look both ways before moving. But in the age of cell phones, looking both ways may not be enough. Drivers and pedestrians who are using the busy streets of New York City must be extra vigilant because of the growing issue of drivers whose minds are elsewhere when navigating the road.
Traumatic brain injury occurs when a sudden trauma results in brain damage. Unlike brain-related problems dating all the way back to birth, traumatic brain injury is a form of acquired brain injury.
August 10, 2014 By Brune Law Office
The New York State Workers' Compensation Law is, in essence, a form of social insurance. The intent of the compensation statute is clear: protect and compensate employees injured at work.
August 6, 2014 By Lance Wallach, CLU, CHFC
If you sold, advised on or had anything to do with a listed transaction you will be fined by the IRS. For those that bought listed transactions like, 419 welfare benefit plans or 412i plans, you have been or will also be fined.
August 5, 2014 By Keogh Crispi, PC
Confusion often surrounds the question of whether or not a car in a funeral procession can run a red light. Additionally, the probability of a serious car accident occurring involving personal injury increases if you have a long line of cars running through a red light during heavy traffic such as in New York City.
July 17, 2014 By Lance Wallach, CLU, CHFC
People think that accountants and tax lawyers lead boring lives. Perhaps that may be true for some, but there is plenty of action these days with the IRS and their Employment Plans tax group. Recently, the IRS identified an “emerging issue” that it calls a potential Abusive Tax Avoidance Transaction. If you are a small business with an employment benefit plan, those words are never good to hear.
July 17, 2014 By Oliveri & Schwartz, P.C.
Injured victims of crime can use civil lawsuits to seek justice, hold responsible parties accountable, prevent future crimes, and obtain the financial resources victims need to rebuild their lives.
July 15, 2014 By Brune Law Office
There are a variety of injuries and illnesses suffered by workers in New York State. In addition, although it is fairly common to see neck and back injuries in strenuous occupations, even the most sedentary jobs can result in the development of serious orthopedic problems. It is clear, however, that certain jobs present with an increased risk of injury.
July 3, 2014 By Brune Law Office
A very common defense to a work related claim is to contend that the employee did not provide proper notice of the work related accident. Raising lack of proper notice is fairly standard procedure for New York State employers and insurance carriers and can be the subject of considerable litigation.
More and more people are being thrown in jail for petty reasons.
Chiropractic care remains somewhat controversial in New York Workers' Compensation claims. A great majority of injured workers claim great benefit from manipulations, often contending that they are unable to function without treatment. Self-insured employers and insurance carriers view chiropractic care as an unnecessary expense, often claiming that the treatment is excessive.
A practitioner must always be cognizant of the possibility of a defendant's Grand Jury testimony being used at trial. This article explains how it is that this can happen.
In New York State, Section 32 of the Workers' Compensation Law permits an injured worker to settle any and all issues is a claim. In the typical situation, a claimant agrees to waive his or her right to future medical care and indemnity benefits in exchange for a lump sum. An injured worker should take great care before accepting such proposal and should carefully consider the ramifications of waiving future rights.