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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 […]

NY Landlord Must Pay Tenant’s Legal Fees

The landlord served the tenant with a notice of termination for physically assaulting him and making alterations to his bathroom and kitchen without permission.After the landlord started a holdover eviction proceeding, the tenant filed an answer alleging that the landlord had assaulted him, not the other way around, and was facing criminal charges. He also […]

NY Constructive Trust Claim Rejected

The son sued to impress a constructive trust on his father’s home. When the son was married, he accepted his father’s offer to convert the upstairs floor of his one-family house into an apartment where the son and hiswife would live and in 15 years it would be the son’s. The son paid his father […]

Protecting Goodwill Is Basis to Enforce NY Non-Compete

Smith was retained by health insurance broker GHS to service its clients and to locate new business for it. Smith signed a non-compete agreement that he would not solicitinsurance business from any of GHS’s insurance accounts for three years following the termination of his employment. After terminating Smith for cause, GHS sued him for actively […]