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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...
By: Gary E. Bashian, Esq.* On October 29, 2010 Surrogate Webber, of the N.Y. County Surrogate’s Court, rendered a decision regarding the Will of Julia Elizabeth Taschereau (NYLJ 1202474902148 at *1) which offers a detailed illustration of how to meet the...
The practice of medicine is perhaps one of the most mentally, as well as physically demanding and challenging of professional endeavors. Patients are today more sophisticated and knowledgeable about their own bodies and medical conditions, and thus...
When discussing the possible use of a power of attorney within New York State with a client, attorneys should take care in regard to the potential appointment of a monitor. Though the appointment of a monitor may appear to provide the principal additional protections...
The United States Center for Disease Control estimates that over 1.2 million people in the United States are living with HIV infection and HIV/AIDS has resulted in the death of approximately 658,507 Americans.[i] As counsel to those who are infected or affected by...
Non-compliance with Discovery Orders is dangerous as it can ultimately lead to penalties and sanctions against non-compliant litigants and their attorneys. In practice, attorneys often intentionally disregard discovery demands served upon them despite the deadlines...
