Author Archives: Friedman & Ranzenhofer

The Self-Incrimination Privilege in NY Surrogate's Court

In a proceeding challenging the validity of certain trusts and transactions involving the decedent’s assets that occurred shortly prior to his death, the petitioner, who was the surviving spouse and limited administrator of the decedent’s estate, sought an order directing, the resumption of the respondent’s deposition and compelling him to respond to certain questions. During […]

Buffalo, NY Area Courts Must Report Domestic Violence Convictions

The presence of a gun in a household where domestic violence occurs increases the chances of fatalities by six times. A new law, effective November 29, 2011, helps ensure that the federal prohibition against qualifying misdemeanor domestic violence offenders’ eligibility to access a firearm is strongly enforced. The New York Domestic Violence Firearm Protection Act […]

NY Estate Can’t Recover Funds For Upkeep of Shared Home

The New York estate of a deceased woman may not sue her long-time domestic partner for half of the payments the deceased woman made toward the purchase and upkeep of their shared home, the New York Appellate Division, Second Department has ruled. The deceased woman, Susan, and the defendant, Charles, bought a vacation property in […]

NY Police Had Probable Cause to Arrest for Gun Possession

A Huntley/Mapp/Dunaway suppression hearing was held to determine whether there was probable cause to arrest the defendant and the admissibility of physical evidence recovered from his home and statements made by him to the officer at the scene. ANew York City Police officer received a radio call that a child called 911 to say his […]

17 Benefits for Older New Yorkers

As a New Yorker, age 60 or older, you may be missing out on dollar benefits and community services. In the free New York State Bar Association pamphlet, 17 Benefits for Older New Yorkers, you’ll find important facts: how finances and age affect eligibility and little-known rules regarding eligibility. Each county in New York State, […]

Owner of WNY Gas Station Can't Use Bankruptcy to Evade Cleanup

Eight days after receiving an environmental violation notice related to bulk storage of petroleum on property that he owns in Chautauqua County, the former owner of a gas station and convenience store filed a Chapter 13 bankruptcy petition. The petition made no mention of the violation notice. The New York State Department of Environmental Conservation  […]

NY Court Declares House to be Haunted

The home buyer,” to his horror, discovered that the house he had recently contracted to purchase was widely reputed to be possessed by poltergeists, reportedly seen by the seller and members of her family on numerous occasions over the last nine years.”  He promptly sued  the seller and the broker  to rescind the contract of […]

New Laws Benefit NY Domestic Violence Victims

New York victims of domestic violence will benefit from five (5) new laws. The gap between federal and state anti-domestic violence firearms laws has been closed by preventing individuals who are convicted of certain violent misdemeanors from purchasing firearms. Currently, a federal firearms dealer may not sell a firearm to a person who has been […]

NY Emergency Responders Need Not Honor Health Proxy

Rita Stein, on behalf of herself and as executrix of the estate of her deceased husband Milton, brought an action against the County of Nassau, the Nassau County Police Department, and four emergency responders. She claimed that the emergency responders violated her and her husband’s Fourth, Fifth and Fourteenth Amendment constitutional rights and committed the […]

NY Tenant Awarded $1.8 for Wrongful Eviction

A landlord of a New York City restaurant obtained a warrant of eviction pursuant to a default judgment. A city marshal executed the warrant and barred the tenant from the restaurant. Shortly thereafter, a court granted a temporary restraining order (TRO) staying the landlord from removing the tenant’s property from the premises, restored the tenant […]