Farrell Fritz, P.C.

Contact
Share
Info
400 RXR Plaza
Uniondale, NY 11556-3826, United States
Phone: (516) 227-0700
Areas Of Practice
  • Bankruptcy
  • Construction Law
  • Environmental Law
  • Finance & Banking
  • Health
  • Labor & Employment Law
  • Litigation
  • Real Estate
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • New York
Number of Attorneys
51-99 Attorneys

Court Strikes Down FTC’s Non-Compete Ban

On Tuesday, August 20, 2024, the United States District Court in Texas found the FTC rule banning non-compete agreements to be “arbitrary and capricious.”…more

Arbitrary and Capricious, Competition, Confidential Information, Employer Liability Issues, Employment Contract

See all updates »

Wealth Transfer Opportunities with Devalued Assets

The COVID-19 pandemic continues to have far-reaching effects which are expected to be felt for months to come, if not longer. The economy has been hit hard and the stock market has seen a dramatic reduction in value…more

Asset Valuations, Beneficiaries, Coronavirus/COVID-19, Dynasty Trust, Estate Planning

See all updates »

The Importance of Filing a Notice of Claim Against a Village: CPLR 9802 – A Trap for the Unwary Litigator

Failing to file a notice of claim pursuant to Civil Practice Law and Rules (“CPLR”) Section 9802 can become a trap for the unwary litigator who commences a hybrid proceeding-action (Article 78 claim(s) combined with plenary…more

Breach of Contract, CPLR, Municipalities, State and Local Government

See all updates »

Freedom (But with Consequences): In Delaware, Absolute Litigation Privilege Inapplicable to Nullify Contractual Non-Disparagement Repurchase Trigger

The absolute litigation privilege is a long-standing legal principle that statements made during the course of a judicial proceeding by participants in the proceeding (whether parties, attorneys, witnesses, or judges) are…more

Business Disputes, Business Divorce, Defamation, Fraudulent Inducement, Judicial Proceedings

See all updates »

New Savings Opportunity – Converting a 529 Plan to Roth IRA

Recent changes implemented by Secure Act 2.0 provide a powerful retirement opportunity. Starting in 2024, Congress changed the way that 529 accounts work…more

529 Plans, Beneficiaries, Employee Benefits, Individual Retirement Account (IRA), Retirement Plan

See all updates »

Surrogate’s Courts’ Response To The Coronavirus

Like other government institutions, New York State Surrogate’s Courts are figuring out how to function during the coronavirus pandemic. The first notice came on Friday, March 13, 2020.   Lawrence K. Marks, the Chief…more

Coronavirus/COVID-19, Courthouses, Crisis Management, Judicial Proceedings, Surrogate's Court

See all updates »

Wealth Transfer Opportunities with Devalued Assets

The COVID-19 pandemic continues to have far-reaching effects which are expected to be felt for months to come, if not longer. The economy has been hit hard and the stock market has seen a dramatic reduction in value…more

Asset Valuations, Beneficiaries, Coronavirus/COVID-19, Dynasty Trust, Estate Planning

See all updates »

New York State COVID-19 and Legislative Update – May 2020

This week marked seventy days since the inception of New York on PAUSE (Policies to Assure Uniform Safety for Everyone). As COVID-19 emergency response efforts continue to strategically transition into economic recovery and…more

Absentee Voting, Bailout, Coronavirus/COVID-19, Forbearance Agreements, Legislative Agendas

See all updates »

New York Establishes an Opioid Settlement Fund

By legislation enacted last month, on June 9, 2021, amending the New York Finance Law, Mental Hygiene Law and Executive Law, New York State established an opioid settlement fund (“OSF”).  Finance Law §99-nn(1).  The purpose of…more

Drug & Alcohol Abuse, Mental Health, Opioid, Pain Management, Prescription Drugs

See all updates »

Abuse Of Powers Of Attorney

A power of attorney (“POA”) allows a principal to assign their agent authority to make certain legal and financial decisions on their behalf. Because a POA can give an agent tremendous power over the principal’s affairs, claims…more

Advance Directives, Guardianships, Incapacitated Persons, Legal Guardian, Mental Health

See all updates »

From “Dissipation” to Denial: Why Threats of Lost Funds Are Not Enough for an Injunction

Under CPLR 7502(c), a court in “the county in which an arbitration is pending…[is permitted to] entertain an application…for a preliminary injunction in connection with an arbitration that is pending or that is to be commenced…more

Arbitration, Commercial Court, CPLR, Loan Agreements, Preliminary Injunctions

See all updates »

An Evening with New York’s Commercial Division Justices 2024: Takeaways & Insights

As recently highlighted by this blog, on September 12, 2024, the Justices of the Commercial Division gathered in the offices of Kelley & Drye to discuss new updates and happenings in the world of the Commercial Division…more

Artificial Intelligence, Commercial Court, Commercial Litigation, Electronic Evidence, Judges

See all updates »

Governor Cuomo Signs the COVID-19 Emergency Protect Our Small Businesses Act of 2021 Establishing Eviction and Foreclosure Protections For Small Businesses

Governor Andrew M. Cuomo this week signed the COVID-19 Emergency Protect Our Small Business Act of 2021 (S471A/A3207) (the “Act”), which will impact commercial landlords, tenants, mortgagors, and mortgagees. …more

Commercial Bankruptcy, Coronavirus/COVID-19, Eviction, Foreclosure, Infectious Diseases

See all updates »

Third Department Examines In Terrorem Clause

The recent opinion by the Appellate Division, Third Department, in In re Strom Irrevocable Trust III, 2022 NY Slip Op 01356, provides a cautionary tale to estate litigators who conduct SCPA 1404 examinations in the face of a…more

Appeals, Beneficiaries, Discovery, Forfeiture, Irrevocable Trusts

See all updates »

Nothing in Life (and Litigation) is Free: Surrogate’s Court Awards a Non-Party $40,000 in Counsel Fees for Complying with a Subpoena Requiring Production of ESI

New York CPLR 3122(d) provides that the “reasonable production expenses” incurred by a non-party’s compliance with a subpoena shall be defrayed by the party issuing the subpoena…more

Cost-Shifting, CPLR, Discovery, Discovery Disputes, Document Productions

See all updates »

Seller Beware: “Ordinary Course” and “Material Adverse Effect/Change” in the Age of COVID-19

In late November of last year, the Court of Chancery in Delaware handed down a decision in a case called AB Stable VIII LLC v. MAPS Hotels and Resorts One, LLC ..…more

Contract Negotiations, Contract Terms, Corporate Sales Transactions, Hotels, Material Adverse Effects

See all updates »

FAQs Under The Paycheck Protection Program

April 07, 2020 As guidance continues to evolve, the Treasury Department has set up a Frequently Asked Questions (“FAQs”) page on their website. This addition allows the SBA and Treasury to provide timely additional guidance to…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, Paycheck Protection Program (PPP)

See all updates »

STAR provides $2.3Billion in Tax Relief to New York Homeowners

As previously reported here on Tax Tracker in June, the School Tax Relief (STAR) program offered by New York State offers property tax relief to eligible homeowners.  Now, we have a number to associate with it for 2024 – $2.3…more

Homeowners, New York, Property Tax, Tax Relief

See all updates »

Playing Nice in the Litigation Sandbox

I think it’s fair to say that Commercial Division judges have little time for discovery disputes.  If one peruses the individual practice rules of many of the ComDiv judges, one typically finds language all but prohibiting…more

Commercial Litigation, Depositions, Discovery, Discovery Disputes

See all updates »

The Importance of Proper Tax Documentation in Tax Deductions

The IRS’ determinations in a notice of deficiency are generally presumed correct. Therefore, unless specifically excepted by Tax Court Rule or statute, the burden of proof in civil tax proceedings is ordinarily on the…more

Business Income, Income Taxes, IRS, S-Corporation, Tax Court

See all updates »

Navigating the Waters: A Long Island Community’s Response to the EPA’s PFAS Directive

On May 13, 2024, the U.S. Environmental Protection Agency (“EPA”) and New York State officials broke ground on a clean water infrastructure project at Plant 6 of the Hicksville Water District, located in Nassau County.  This…more

Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

Real Property Tax Alert

Any commercial assessment increase not related to new construction must be phased in over the next 5 years at 20% per year. As we enter the 3rd year since the 2020/21 County-wide reassessment, a reminder, that if your assessed…more

Property Owners, Property Tax, Property Valuation, Real Estate Market, Tax Assessment

See all updates »

Projected 2025 Estate Planning Updates

The IRS adjusts tax brackets and other tax-related amounts for inflation on an annual basis.  Based data from the Bureau of Labor Statistics through August 2024, experts have projected the following adjustments to some of…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax, Gift-Tax Exemption

See all updates »

New York State Approves Establishment of Clinical Staffing Committees in General Hospitals

In continuing efforts to address problems exposed by the COVID-19 pandemic, on June 18, 2021, the Governor signed legislation (S.1168-A/A.108-B) into law to address an urgent public policy priority related to clinical staffing…more

Healthcare Facilities, Healthcare Reform, Hospitals, New Legislation, Public Health

See all updates »

Commercial Division Offers Zoom Lunches That Pack Punches

Piggybacking off of the success of its 2022 and 2023 lecture series, the Commercial Division Advisory Council held its third annual lunchtime Zoom lecture series during June for summer interns working with Commercial Division…more

Career Development, Commercial Court, Commercial Litigation, Law Firm Associates, Professional Development

See all updates »

Oyster Bay to provide for administrative adjudication of zoning and other code violations

Following in the footsteps of the towns of Huntington, Babylon and East Hampton, the Town of Oyster Bay voted on March 7, 2023, to create a Bureau of Administrative Adjudication pursuant to Article 14-BB of the General Municipal…more

Building Codes, Construction Project, Judicial Tribunal, Municipalities, Real Estate Development

See all updates »

The New York State Assembly’s Real Property Taxation Committee Proposes the Five Borough Fair Property Tax Act

An earlier Tax Tracker discussed the NYS Court of Appeals decision that revived a lawsuit brought by the Tax Equity Now (TENNY) coalition, which claims that New York City’s property tax system violates the federal Fair Housing…more

Fair Housing Act (FHA), Homestead Exemption, Low-Income Issues, Municipalities, New York

See all updates »

Creative Writing: Reforming Wills And Trusts To Achieve Settlements

When reforming a will or trust, the Surrogate’s Court “changes the language of the will [or trust instrument] itself by the addition or deletion of words in an attempt to conform [the instrument] to the decedent’s intent”…more

Contract Drafting, Contract Negotiations, Estate Planning, Surrogate's Court, Wealth Management

See all updates »

Property Tax Bills in Nassau County Spell Trouble for Commercial and Multifamily Properties

Halloween may be spooky time of year for some, but in Nassau County October marks the scariest time of year for all – the release of School District Tax Bills. Unlike a trick-or-treater, the Tax Receiver doesn’t stop by to take…more

Apartments, Commercial Property Owners, Multi-Family Housing, Property Tax, Tax Planning

See all updates »

“Draft Dodging”:  Approving “Nearly Final” Merger Agreement Becomes Dangerous in Delaware

The board of directors of any Delaware corporation proposing to merge is required under Delaware law to adopt a resolution approving the merger agreement.  In the real world of M&A practice, however, the version of the merger…more

Board of Directors, Corporate Governance, Delaware General Corporation Law, Merger Agreements, Mergers

See all updates »

Wealth Transfer Opportunities with Devalued Assets

The COVID-19 pandemic continues to have far-reaching effects which are expected to be felt for months to come, if not longer. The economy has been hit hard and the stock market has seen a dramatic reduction in value…more

Asset Valuations, Beneficiaries, Coronavirus/COVID-19, Dynasty Trust, Estate Planning

See all updates »

Court Permits Expert Reports with Disclosure Gaps but Recognizes Limits on Trial Testimony

My colleague Matt Donovan recently wrote about the requirements of Commercial Division Rule 13(c) and highlighted certain decisions in which expert reports were precluded for non-compliance. This week’s post looks at a decision…more

Admissible Evidence, Breach of Contract, Commercial Litigation, Contaminated Properties, Expert Testimony

See all updates »

Think Outside the Jurisdiction: International Discovery is Obtainable with the Assistance of the Commercial Division

Every commercial litigator is familiar with the burdens at the discovery phase of litigation, whether it is a dispute over production, privilege, or just the sheer volume and cost (both time and money) associated. Be that as it…more

Commercial Court, Discovery, Document Productions, Evidence, International Litigation

See all updates »

A Deposition Wake Up Call: Commercial Division Strikes Pleading for Repeated Failure to Appear for a Deposition

As readers of this blog are aware, the most contentious battles during a lawsuit are fought during discovery. Among the various discovery battles is scheduling depositions. In many cases, parties tend to reschedule depositions,…more

Commercial Litigation, Depositions, Discovery, Dismissals, Sanctions

See all updates »

The “Unintended” Consequences of Not Having a Written LLC Operating Agreement

CONGRATULATIONS!! You have just formed a New York limited liability company to purchase a piece of rental property with your cousin Vinny (no, not that Cousin Vinny) and his good friend Michael. Forming a limited liability…more

Contract Drafting, Contract Terms, Limited Liability Company (LLC), Membership Interest, Operating Agreements

See all updates »

Recent Appellate Rulings Address Novel Issues in General Partnership Disputes

The era of the old-fashioned general partnership long ago petered out, largely displaced by subchapter S corporations and, in the last few decades, limited liability companies, both of which allow pass-through taxation without…more

Business Disputes, Business Divorce, Business Litigation, Buy-Sell Agreements, Dissolution

See all updates »

Internal Revenue Service Warns of “Mills” Taking Advantage of Taxpayers With Offer in Compromise (“OIC”) Program

In a recent news release (available here), the Internal Revenue Service (“IRS”) warned taxpayers about promoters claiming their services are needed to resolve unpaid taxes owed to the IRS…more

Debt, Income Taxes, IRS, Tax Liability, Tax Planning

See all updates »

Can Post-Valuation Date Historical Performance Trump Pre-Valuation Date Financial Projections?

A general principle of business valuation is that courts may consider “known or knowable” events as of the “valuation date” – the date as of which the court values the entity – but not post-valuation date events or financial…more

Business Litigation, Business Valuations, Buyouts, Judicial Dissolution, Valuation

See all updates »

The Earnout in Sales Transactions

What’s the Purchase Price? If you advise me that you are selling your business for $32,000,000 and that $5,000,000 of the $32,000,000 will be paid through an earnout, my response to you is that you are selling your business…more

Buyers, Corporate Sales Transactions, Earn-Outs, EBITDA, Purchase Agreement

See all updates »

Court Strikes Down FTC’s Non-Compete Ban

On Tuesday, August 20, 2024, the United States District Court in Texas found the FTC rule banning non-compete agreements to be “arbitrary and capricious.”…more

Arbitrary and Capricious, Competition, Confidential Information, Employer Liability Issues, Employment Contract

See all updates »

Hearsay Issues In Surrogate’s Court Hearings And Trials (Presentation)

Presented by John R. Morken, Esq. to the Surrogate’s Association of the State of New York, May 2018. Introduction - A great deal of the evidence offered at a trial or hearing in the Surrogate’s Court is hearsay, or at…more

Admissibility, Admissible Evidence, Admissions, Bench Trial, Business Records

See all updates »

SDNY Sues Labs For Fraudulent COVID-19 Testing Under False Claims Act

The SDNY U.S. Attorney’s Office has targeted several labs and their principals for False Claims Act violations arising out of reimbursements for COVID-19 testing services.  In a complaint filed on June 13, the government sued…more

Clinical Laboratories, Coronavirus/COVID-19, False Claims Act (FCA), Fraud and Abuse, Health Care Providers

See all updates »

Governor Cuomo Signs the COVID-19 Emergency Protect Our Small Businesses Act of 2021 Establishing Eviction and Foreclosure Protections For Small Businesses

Governor Andrew M. Cuomo this week signed the COVID-19 Emergency Protect Our Small Business Act of 2021 (S471A/A3207) (the “Act”), which will impact commercial landlords, tenants, mortgagors, and mortgagees. …more

Commercial Bankruptcy, Coronavirus/COVID-19, Eviction, Foreclosure, Infectious Diseases

See all updates »

Waiving a Decendent’s Attorney-Client Privilege

“The attorney client privilege, the oldest among common-law evidentiary privileges, fosters the open dialogue between lawyer and client that is deemed essential to effective representation” (Spectrum Sys. Intern. Corp. v Chem…more

Appeals, Attorney-Client Privilege, Beneficiaries, Burden of Proof, Constructive Trusts

See all updates »

Understanding Good-Guy Guaranties: What Every Landlord and Tenant Should Know

The good-guy guaranty is a commonly used form of security in the field of commercial leasing.  Despite appearing straightforward, the fundamentals of a good-guy guaranty are often misunderstood by landlords, tenants and brokers…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Negotiations, Landlords

See all updates »

Matter of Samuel – Artificial Intelligence Hallucinates and an Incapacitated Person Makes a Will

Artificial Intelligence (“AI”)  made legal and mainstream news in 2023.  In a highly publicized and widely discussed case, Mata v. Avianca, Inc., the United States District Court for the Southern District of New York sanctioned…more

Artificial Intelligence, Contract Drafting, Material Misstatements, Probate, Probate Courts

See all updates »

Corporate Dissolution Petition Hits Back Burner in Favor of Earlier Filed Claims for Money Damages

The shareholder oppression claim under BCL 1104-a has a unique relationship with claims for money damages. A minority shareholder petitioning for dissolution under BCL 1104-a must establish that the majority shareholders…more

Breach of Duty, Business Disputes, Corporate Dissolution, Corporate Governance, Damages

See all updates »

Is It an Illusion of Indemnification? Insurance Requirements for Tenants Paired with Indemnification Clauses in Leases May Not Be Enough to Shield Landlords from Liability

Recently, in On Point Window Treatment, Inc. v. 208 Clinton Place, LLC, 2024 N.Y. Slip Op. 50241 (N.Y. Sup. Ct. 2024), the Kings County Supreme Court held that even when paired with an insurance procurement requirement, a…more

Commercial Leases, Contract Terms, Indemnity Agreements, Landlords, Liability

See all updates »

Foie Gras Faux Pas: City Runs A-fowl of State Farming Protections

In City of New York v Ball, 2024 NY Slip Op 24179 [Sup Ct, Albany County 2024], the Albany County Supreme Court upheld a determination of the Commissioner (“Commissioner”) of the Department of Agriculture and Markets…more

Agribusiness, Agricultural Land, Agricultural Sector, Farm Animals, Farms

See all updates »

Father Disqualified as Child’s Interstate Distributee for Failure to Support

In the recent case Matter of Lee, New York County Surrogate’s Court granted a motion for summary determination that decedent’s father was disqualified as a distributee and beneficiary for failure to support decedent pursuant to…more

Beneficiaries, Bias, Child Support, Decedent Protection, Disqualified Persons

See all updates »

CMS Approves a New 1115 Waiver Amendment: The New York Health Equity Reform (NYHER) Program

On January 9, 2024, the federal Centers for Medicare and Medicaid Services (CMS) finally approved New York State’s 1115 waiver amendment to establish the New York Health Equity Reform (NYHER) Program. That application, which is…more

1115 Waivers, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare, Healthcare Reform

See all updates »

A (title) Change Is Gonna Come

What is TIRSA? The Title Insurance Rate Service Association (TIRSA) is an organization licensed by the New York State Department of Financial Services that provides guidelines for the pricing and availability of title insurance…more

Financial Services Industry, Insurance Industry, Insurance Rates, NYDFS, Premiums

See all updates »

LICP Talks Labor & Employment: Employee Handbooks + Policies in 2022: Where Are We Now?

As many employees in New York City are returning to the office, businesses should consider reviewing and updating their employee handbooks. Employee Handbooks • Educate employees re: policies and procedures; •…more

Corporate Culture, Employee Handbooks, Employer Liability Issues, Employment Policies, Human Resources Professionals

See all updates »

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide