• Intro to the Wonderful World of Wills, Trusts & Estates

    In case you didn’t know, this is my first foray into the world of blogging. That being the case, I thought that I’d spend this month just explaining some of the more general concepts of Elder Law and Estate Planning; a general introduction to begin. Although they are pretty basic (at least to me), I’ve found that there are a large percentage of people that don’t know anything about these primary ideas. The first concept is “What are Elder Law, Estate Planning, and Trusts and Estates?” Unlike tax law or criminal law or motor vehicle law, there is no one body ...

    cmandm

    Friday, April 01st, 2011

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  • Security Deposits – A Cautionary Tale

    Landlords routinely collect a security deposit from tenants at the commencement of a lease term with the deposit generally to be used to ensure the tenant’s compliance with its lease obligations. These obligations typically include the payment of rent or additional rent and payment for any damage to the leased premises caused by the tenant. While most experienced landlords understand and comply with GOL §7-103 as it relates to security deposits, some do not. As demonstrated by the following case, the failure to comply with GOL §7-103 can have harsh results. Pritzker v. Park South Lofts LLC, 117192/09, NYLJ 1202475879547, at ...

    cmandm

    Tuesday, March 15th, 2011

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  • New York Wage Theft Prevention Act

    The Wage Theft Prevention Act (“Act”) was recently signed into law and becomes effective April 11, 2011. The Act significantly modifies employer requirements regarding wage notices, wage statements and payroll records, and posting requirements. Additionally, the Act includes more stringent anti-retaliation provisions and criminal and civil penalties against noncooperating employers. Below, we highlight some of the new changes and expectations. First, there are considerable changes to wage notice requirements to new and current employees. Prior to this act the law required that employers provide every new hire a written notice that included information such as regular wage rate, the overtime rate, ...

    cmandm

    Friday, March 11th, 2011

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  • New Rules for Contractors Classifying Workers as Employees v. Independent Contractors

    New York government recently enacted the New York State Construction Industry Fair Play Act (“New Act”). The intent behind this new law is to address misclassification of construction workers as independent contractors instead of employees. This law created a new standard for determining whether a construction worker is an employee or independent contractor. Additionally, it provides new penalties for employers who fail to properly classify their employees. The law is likely to have an ongoing impact on the construction industry and the costs associated with a construction work force. Under this law, which became effective on October 26, 2010, a construction ...

    cmandm

    Friday, February 11th, 2011

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  • Mistakes = Dismissal of Summary Proceedings

    Two recent cases, one from Bronx Civil Court and the other from Nassau County District Court, remind us of the harsh reality that avoidable mistakes made in the preparation of predicate notices and the pleadings will result in the dismissal of your summary proceeding. The Court in 3414 KNOS LLC v. Bryant, L&T 014058/10, NYLJ 1202477575221, at *1 (Civ., BX, Decided December 30, 2010) dismissed a nonpayment proceeding after Respondent defaulted, the warrant of eviction was issued and after Respondent defaulted in appearing on the initial return date of his motion to vacate the default judgment and warrant. Respondent, represented by ...

    cmandm

    Thursday, February 10th, 2011

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  • 2011: National Labor Relations Board Issues Final Ruling

    By Arthur Yermash, Esq. The National Labor Relations Board has issued a Final Rule requiring most private-sector employers to notify employees of their rights under the National Labor Relations Act by posting a notice. Employers should begin posting the notice on January 31, 2012. The notice, in English and other applicable languages, can be found online at https://www.nlrb.gov/poster. Private-sector union and nonunion employers are required to post this government notice informing employees of their legal rights under the NLRA. The notice states that employees have the right to act together to improve wages and working conditions, to form, join and assist a ...

    cmandm

    Thursday, November 11th, 2010

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  • Self Help and Unlawful Evictions

    This month’s blog will begin to discuss a topic that will be revisited in future installments: Is a commercial landlord entitled to engage in self-help to recover possession of demised premises and, if so, under what circumstances and what are the potential damages available to a tenant if the landlord acts improperly? Two recent decisions, the first from the Supreme Court, Appellate Term, First Department and the second from the Supreme Court, Suffolk County (Spinner, J.) are a good starting point. In Sol De Ibiza, LLC v. Panjo Realty, Inc., 570805/09, NYLJ 1202472860256, at *1 (App. Term, 1st Dep’t, decided September 22, ...

    cmandm

    Wednesday, November 10th, 2010

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  • Service of Process

    We know that the failure to comply with the rules governing service of predicate notices and pleadings can result in the dismissal of your proceeding. Similarly, knowing the intricacies of the rules regarding service can save what might appear to be defective service and result in unexpected benefits. An often overlooked decision by the Supreme Court, Appellate Term, supports an award of a default money judgment where service of the notice of petition and petition was accomplished by affixing the papers to the door of the subject premises and mailing the papers by certified and first class mail. Avgush v. Berrahu, ...

    cmandm

    Sunday, October 10th, 2010

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  • Part II: Default Notices and Terms of a Lease

    Last month’s blog discussed defective default notices and the need to strictly comply with lease provisions. We continue that theme this month with two cases recently decided by Nassau County District Court Judge Scott A. Fairgrieve. In The Retail Property Trust v. SHNS Corp. d/b/a J&A Gallery, 003192/10, NYLJ 1202464430374, at *1 (Dist., NA, August 4, 2010) Judge Fairgrieve granted a tenant’s motion to dismiss based on a defective default notice that was required by the lease. In this case the parties’ lease required landlord to serve a ten (10) day notice upon the tenant for a default in the ...

    cmandm

    Friday, September 10th, 2010

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  • August 17 – East End Executive Breakfast with Congressman Lee Zeldin

    Legislative Update with Lee Zeldin Wednesday, August 17, 2016 8:00 am to 10:00 am Sea Star Ballroom 431 East Main Street, Riverhead, NY 11901 Our next East End Executive Breakfast will feature guest speaker United States Congressman Lee Zeldin as he discusses his New Era of American Strength, which includes policies to: • Help grow our economy and middle class • Shut down job-killing red tape hurting our small businesses • Help businesses create good jobs and raise wages • Reform and simplify our tax code The event is complimentary but reservations are required. Please RSVP by August 15 to Victoria Tringone at Vtringone@cmmllp.com or (631) 738-9100 Now serving in our nation’s capital, ...

    cmandm

    Tuesday, July 20th, 2010

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Fred Eisenbud