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The New York State Bar Association, Westchester County Bar Association and Pace Law School collaboratively held the New York State 2015 High School Mock Trial Tournament last month. Students were provided with materials including rules of procedure, evidence and...
By: Gary E. Bashian “JUDGE: Are you trying to show contempt for this court? MAE WEST: I was doin' my best to hide it.” ― Mae West. It seems to be undeniable that litigation in New York...
Gary E. Bashian, one of the firm’s partners, attended the Annual Meeting and Past Presidents Dinner of the Westchester County Bar Association held on March 4, 2015. The event included many local attorneys, judges, the President of the New York State Bar Association,...
All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be...
In any wrongful death action, a successful outcome for your client will doubtlessly be hard won. However, whether recovery comes from an “action or by settlement without an action,”[i] counsel’s job is far from over once an award is procured in the...
By: Gary E. Bashian, Esq. A motion for summary judgment, pursuant to CPLR § 3212 or § 3211, is a powerful procedural tool that can end litigation immediately. Summary judgment can deliver a swift and decisive victory on the outcome of a matter. It can limit the...
Accelerated Judgments are a perfect tool to best help balance the rights of litigants who seek access to the Courts, and the practical demands of managing a ballooning docket. As a result, if the facts warrant it, and if the damage done to an Estate by a fiduciary is...
Immediate legislative and administrative action is necessary to preserve the historic cemeteries of New York State (NYS) effectively. Worthy of preservation, these cemeteries present an amalgam of historic information, offering valuable data about the past and the...
Over the past two years the New York Courts have taken increasingly nuanced positions in the interpretation, enforcement, and denial of In Terrorem clauses in a variety of contexts. A more expansive reading of Estates, Powers and Trusts Law (EPTL) § 3-3.5(b)...
American author Alfred A. Montapert once said that “nobody ever did, or ever will, escape the consequences of his choices.” That statement holds true in the field of trusts and estates, in particular when it comes to the execution of a waiver and consent...
