• Around the Appellate Bench: Part 2

    There have been several interesting Appellate Court decisions in the past couple of months touching on a variety of issues. Cases discussing actual partial eviction, successor landlord liability and a tenant’s failure to timely cure an alleged default are discussed below. In Croxton Collaborative Architects, P.C. v. T-C 475 Fifth Avenue, LLC,1 a commercial tenant sued its successor landlord alleging it was damaged because defendant landlord failed to remediate the “derelict” and “war-torn appearance” of the premises, which was caused by renovation work commenced by the prior landlord, in breach of the lease. Plaintiff commenced the action approximately five months after ...

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    Thursday, January 09th, 2014

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  • Teaching Doctors the Art of Negotiation

    With recent health care changes, specifically the Affordable Care Act, negotiation skills will be tremendous value to medical professionals, administrators, and other stakeholders in the health care sector. Recognizing the importance of negotiation, medical schools are starting to invest in communication training for students. A recent article by Dhruv Khullar in the NY Times Health Blog, Teaching Doctors the Art of Negotiation discusses how doctors negotiation on a daily basis, with both patients and colleagues and should be offered classes in negotiation training just as law, business and public policy schools do. In this context, “negotiation is about exploring underlying interests and ...

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    Thursday, January 09th, 2014

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  • December 2013 – Firm Newsletter

    December 2013 - Firm Newsletter

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    Saturday, December 28th, 2013

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  • Now That You Have A Will, Where Should You Put It?

    Well, it’s about that time for New Year’s resolutions. Hopefully one of them is to do a Will. But once you do the Will, where do you put it? A safe deposit box seems like the perfectly logical place to store a Will and other estate planning documents. They are probably the most important documents you will ever have, so shouldn’t they be kept in the safest place?But is it a safety deposit box the best place? Or should you keep it in a fireproof safe in your home? With your lawyer? The court? Or somewhere else altogether? One thing that ...

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    Wednesday, December 18th, 2013

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  • Around the Appellate Bench

    In a decision dated November 13, 2013, the Appellate Division, Second Department decided a case involving a contractor, Matell Contracting Co., Inc., who performed work for a commercial tenant, attempting to enforce a mechanic’s lien against the owner of property, Fleetwood Park Development Co. 1 Fleetwood leased certain property to a new tenant and, pursuant to an agreement with the new tenant, permitted the tenant to renovate the leased property for use as a supermarket. The tenant retained Matell Contracting as general contractor. The tenant failed to pay $1,800,000 allegedly due for work performed by Matell and Matell filed a mechanic’s ...

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    Monday, December 09th, 2013

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  • November 2013 Legal Brief – Firm Newsletter

    November 2013 Legal Brief - Firm Newsletter

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    Thursday, November 28th, 2013

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  • Benefits of Copyright Registration

    Many artists, especially entrepreneurs who are just starting off, often start talking to others about their work without realizing that they may be disclosing too much. Their creative ideas or works are assets, and if they do not establish ownership of these assets, the assets could be lost. Artists often do not realize how important it is to establish ownership over their works, before displaying or disclosing them to the public. Generally, copyright attaches automatically the moment the original work is created and “fixed” in a tangible medium. Copyright owners possess the right to prevent others from copying and selling the copyrighted ...

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    Sunday, November 24th, 2013

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  • The Most Important Part of an Estate Plan is the Memories

    This month I completed the sale of my parents’ co-op in Queens. This is the apartment that I grew up in. The process of emptying the apartment (which I discussed back over the summer) has finally been completed. Most people, when they design their estate plan, think primarily about the large financial assets: real property, bank accounts, investment accounts, family businesses, etc. But let me tell you from personal experience, the most heart-wrenching decisions are who gets the “stuff.” I’ve found in my practice that family rifts and disputes are not over money, but over the little things that end ...

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    Saturday, November 23rd, 2013

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  • “Unsung Hero” Honoree Profile: Kristen Navas

    Keeping everybody at Campolo, Middleton & McCormick inspired and motivated, Director of Operations Kristen Navas helps shape the forward-thinking team approach at the Ronkonkoma law firm. Navas joined Campolo, Middleton & McCormick in 2010 as a litigation paralegal. She quickly advanced as she began taking on additional responsibilities. Navas is knowledgeable about all the inner workings of the firm, which represents clients in a wide variety of legal matters, including litigation and appeals, insurance, corporate and private equity, technology and intellectual property, government relations, employment, real estate, healthcare and bankruptcy law. Navas handles a myriad of roles, including administration, finance, human resources and business development. She has excellent ...

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    Thursday, November 14th, 2013

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  • Well Settled Legal Principles and Proof Required to Prevail

    Three recent appellate decisions, each sparse on fact, nevertheless remind us of the relevance of well settled legal principles and confirm the proof required to prevail on each.The first, Tewksbury Management Group, LLC v. Rogers Investments NV LP1, involves application of the doctrine of res judicata; the second, Bonacasa Realty Company, LLC v. Salvatore2, discusses the concept of piercing the corporate veil; and the third, MH Residential 1, LLC MH v. Barrett3, inter alia, discovery. In Tewksbury, the commercial tenant commenced an action against its landlord claiming landlord breached the lease by failing to obtain a valid certificate of occupancy, remove building violations that allegedly interfered with ...

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    Sunday, November 10th, 2013

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Fred Eisenbud