We strive to provide you the best possible outcome through individualized attention. We look out for what you want.
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...
On May, 2, 2007, a decision was rendered in Penny D. Taylor v. Joseph Rosa, No. 76026-04 (Bronx Sup. 2007), significantly changing the law of Paternity By Estoppel. This noteworthy decision came less than a year after the New York State Court of Appeals holding In The...
By: Gary E. Bashian* “Before the law sits a gatekeeper. To this gatekeeper comes a man from the country who asks to gain entry into the law. But the gatekeeper says that he cannot grant him entry at the moment. The man thinks about it and then asks if he will be...
Long-recognized as a leader in Estate and Trust litigation as well as sophisticated estate and tax planning, Gary Bashian currently serves as a member of the Executive Committee of the Trusts and Estates Law Section of the New York State Bar Association, and he...
On September 1, 2009, significant changes to the New York law of Durable Powers of Attorney will take effect. The current statute in the General Obligations Law has a Durable Power of Attorney Statutory Short form, which has been in effect since January 1, 1997 and is...
Our office has a particular respect and appreciation for the nature of modern police and firefighting work which exposes police and firefighters to risk of physical injury on a daily basis, thereby increasing their vulnerability to physical injury or death. Our firm's...
