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The traditional protection from claims afforded Estate practitioners by the doctrine of Privity has been relaxed by a recent New York Court of Appeals decision. In the Estate of Saul Schneider v Finmann[i], a unanimous Court of Appeals has ruled that a personal Estate...
By: Gary E. Bashian, Esq. The New York Court of Appeals, on June 29, 2010, resurrected what it has deemed was the original intent of SCPA § 2110, which governs the fixing and determining of attorney’s fees for services rendered to a fiduciary, devisee,...
At a time in which approximately half of all American marriages end in divorce, it is imperative that those interested in dissolving their marriage understand the key issues that must be addressed when seeking to obtain a Judgment of Divorce. Regardless of whether the...
Until quite recently, Estate practitioners were protected from Estate planning malpractice claims by Estate representatives by the often overlooked protections afforded by the doctrine of Privity. However, with their unanimous June 2010 decision in the Estate of Saul...
Our firm recently argued before the Appellate Division, Second Department and was affirmed on the conflicting burdens of proof on a fiduciary when a gift is made pursuant to a short form Power of Attorney, modified in accordance with 1997 amendments to the General...
is pleased to announce that Andrew Frisenda, a Senior Associate and Appellate practitioner, was a featured lecturer at the Westchester County Bar Association Appellate Practice Committee’s recent Continuing Legal Education seminar,...
In the words of Elizabeth Barrett Browning, “How do I love thee? Let me count the ways.” Effective September 1, 2009, the General Obligations Law (hereinafter “GOL”) has been amended, updated and refined to provide significant reforms to the...
On May 21, the Westchester County Bar Association held its Annual Leadership Award’s Ceremony at the Westchester Hills Golf Club. At ., our attorneys have a long tradition of participating in professional associations within the...
, is pleased to announce that 2014 marks the second annual Westchester County Bar Association ("WCBA") Hat, Scarf and Glove Drive, which was again organized by an attorney with . Collections boxes have been...
In New York State, two types of Supplemental Needs Trusts ("SNT") exist, both of which insulate assets of the trust Beneficiary while allowing that Beneficiary to access government assistance. Utilizing such an estate planning vehicle can be vital for many people,...
