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By: Gary E. Bashian, Co-Author Prior to September 1, 2009, New York’s power of attorney form was simple to fill out and could be bought in local stationery stores without the need to go to an attorney. However, tabloid-worthy horror stories of agents...
Most lawyers are generally familiar with the standards of practice, departures from which make them vulnerable to claims.* Unlike their bretheren in the medical profession who have felt under attack for decades from lawyers who sued them for medical malpractice,...
“A lot of people have asked me how short I am…Since my last divorce, I think I’m about $100,000 short!” Actor Mickey Rooney With divorces on the rise in the United States and nearly half of all marriages ending in divorce, Prenuptial...
In litigation, effective legal representation can make the difference between winning or losing a case, and the process of obtaining discovery from the opposing party is vital for a client to review relevant documents, statements or other evidence which may be...
In the wake of Obergefell v. Hodges[i], the landmark decision rendered by the Supreme Court pertaining to how marriage is defined within our country, we must examine the need for judicial civility raised following the decision, particularly the dissent of Justice...
Proving loss of earning capacity can be troublesome, particularly when the client has a partial permanent injury, but makes more money after the accident than before, and is able to function at...
Millions of dollars are lost each year through the theft of trade secrets that companies labor tirelessly to develop. One effective tool that may be utilized by companies to safeguard against “commercial piracy” is a noncompete agreement. If properly drafted, a...
By: Gary E. Bashian, Esq.* Both veteran and novice litigators alike know the potential and the pitfalls that come with moving for Summary Judgment pursuant to CLPR § 3212. Arguably once hostile to its use, the New York Surrogate’s Courts appear to be...
By Irving O. Farber, Esq. In Lynn & Cahill v Witkin, 130 AD3d 484 [1st Dept 2015], the Appellate Division 1st Department recently reversed a Lower Court’s significant award of damages in a defamation matter, a ruling that should make attorneys throughout the...
By: Gary E. Bashian, Esq.* As is often the case with elderly clients, matters that are initiated in the Supreme Court can, for a variety of reasons, find themselves later embroiled in questions of jurisdiction. Though each proceeding may involve the same...
