• Will Challenges and How to Avoid One

    When beneficiaries or anyone interested in an estate question the validity of a Will, he or she may make a Will Challenge. A Will Challenge is made through the Surrogate’s Court when the Will is offered for probate. The person questioning the validity of the Will must file a claim, or their objections, in court stating why they believe the Will is invalid. The person making the claim is the Objectant. The Objectant must have some evidence or will most likely lose the case. There are only a certain number of ways that the Objectant can object to the Will. The ...

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    Sunday, September 22nd, 2013

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  • August 2013 Legal Brief – Firm Newsletter

    August 2013 Legal Brief - Firm Newsletter

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    Wednesday, August 28th, 2013

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  • Negotiation and Active Listening Skills: Talk Less and Listen More

    By Joe Campolo, Esq. August 23, 2013 Few negotiators would argue the value of good listening skills. Listening skills can calm tensions, break stalemates, and help build creative deals. Most people overestimate their ability of this key skill, and lack an accurate understanding of the concept of active listening. Active listening doesn’t mean sitting patiently whileyour counterpart talks or does it simply entail saying “I understand” and establishing good eye contact. Rather, active listening is a dynamic process and key in any negotiation. Here are some tips to become a skillful active listener. 1. Showing Your Interest: Prove you’re listening by using body language ...

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    Friday, August 23rd, 2013

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  • Cleaning Out Your Parents’ Home

    Emptying out a house sounds easy until it’s you who has to do it. Recently, my parents moved permanently to Florida after being snowbirds for many years. What that really meant is that, outside of clothes, they had two of everything and didn’t really need (or want) to move anything. It was almost as if they had passed away since very little was actually going with them. I was told that I could take anything that I wanted. We often hear older adults say “my children can have all this when I’m gone,” without realizing that their styles and tastes ...

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    Friday, August 23rd, 2013

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  • Tenant Liability in Commercial Leases

    This article will address two recent appellate court rulings involving commercial leases and the tenant’s liability for certain damages incurred by the landlord. The first, from the Appellate Division, First Department, involves an action by a landlord against a tenant for damages resulting from a flood caused by a rusted gauge on tenant’s supplemental HVAC system. The second case is from the Appellate Division, Second Department and involves tenant’s liability for post-termination rent. In 45 Broadway Owner, LLC v. NYSA-ILA Pension Trust Fund1, the tenant’s predecessor installed a supplemental HVAC system that connected to the building’s water risers. The lease provided ...

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    Friday, August 23rd, 2013

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  • Second Circuit’s Okay of NYC’s $104 Million Judgment Against ExxonMobil Opens the Door To Future Lawsuits Against Companies That Likely Would Not Have been Sued In the Past

    United States Court of Appeals for the Second Circuit Affirms $104.69 Million Judgment in Favor of New York City Against Exxon Mobil for MTBE Contamination Based on Common Law Claims, Opening the Door to Future Litigation That Will Include Companies and Individuals That Likely Never Would Have Been Named in the Past. Following an eleven week trial presided over by Judge Sheira Scheindlin in the Southern District of New York, the jury awarded New York City judgment in the amount of $104.69 million against Exxon Mobil for Exxon Mobil’s alleged contribution to the contamination of Station Six wells in Jamaica, Queens. ...

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    Tuesday, August 20th, 2013

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  • Raise the Bar for Bully Prevention

    By Michelle Centamore Patrick McCormick practices law during the day but he’s standing up to bullying around the clock as President of the Board of Directors of CAPS (Child Abuse Prevention Services). The Kings Park resident is a partner at Campolo, Middleton & McCormick, LLP in Bohemia. Then there’s the 24-7 job he took on several years ago when he discovered that he could help keep his children and their peers safe. “As a parent of three young girls, I wanted to become educated and involved. Once I was introduced to the volunteers and rally became aware of their mission and I realized how prevalent these issues were, it was almost easy to get involved because it was ...

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    Thursday, August 15th, 2013

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  • Additional Insured Status Information

    So you think you’ve done the right thing by requiring your tenant or a company performing services for you to name your company as an additional insured on its policy. You are then given only a certificate of insurance. You’re on the right track but there’s more to be done. Don’t be satisfied with only this document – you need to see the policy itself. Most certificates of insurance expressly state that the certificate does not alter the terms and conditions of the underlying policy. In order for your company to be afforded coverage under the policy, it must be listed in the policy, usually in a policy endorsement. Therefore, it is imperative that ...

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    Saturday, August 10th, 2013

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  • Who’s Who in Women in Professional Services: Hayley Gregor

    Hayley Morgan is a member of Campolo, Middleton & McCormick, LLP’s commercial litigation group. Morgan’s practice encompasses a variety of litigation matters including the representation of clients in fraud, business and contractual disputes. Morgan’s practice also consists of preparing complex business, commercial and intellectual property matters for trial. An issue Morgan is primarily focused on is the implementation and incorporation of technology into the practice of law. “The technological resources available today have the potential to make everything from basic administrative tasks, to the management of large complex litigations, more streamlined and efficient,” she said. “However, incorporating new technology into a preexisting law practice is not easily done due to busy schedules, pressing deadlines and old habits. Accordingly, my focus over ...

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    Friday, August 02nd, 2013

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  • Ethics in Negotiations

    Legal commentators have written countless articles and entire CLE courses are dedicated to discussing what an attorney may or may not say in negotiations. Ethics in negotiations is tricky. On one hand, a lawyer must show honesty and good faith, and not accept a result that is unconscionably unfair to the adverse party. On the other hand,the attorney is obligated to obtain a result that is in the client’s best interest and must do everything, short of fraud or deceit, to do so. The absence of a clear line between puffing and misrepresentation has resulted in a considerable body of ...

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    Wednesday, July 31st, 2013

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Fred Eisenbud