Michael Burger – Santiago Burger Annechino LLP

Nelson v. City of Rochester

Petition for Writ of Certiorari

This Petition for Writ of Certiorari seeks review of an intermediate New York State appellate court order upholding two "Judicial Warrants of Inspection" (App. 3-8) that issued against two occupied private homes, without…more

| Civil Rights, Zoning, Planning & Land Use

Writs of Assistance Ressurected

The City of Rochester, New York, created its own law to allow courts to issue judicial warrants of inspection to code enforcement officers. These administrative search warrants do not need to be supported by probable cause of…more

| Civil Rights

The Quiet Man and Civil Rights

The government property code inspector prosecuted a citizen for refusing to consent to a warrantless inspection of the interior of his house. The code enforcement officer claimed that he wanted to "inspect" the interior of the…more

| Civil Rights, Constitutional Law, Criminal Law, Privacy, Real Estate -...
In re Cook

Decision and Order

New York State Surrogate's Court for New York County (G l e n , S .) holds that the precautionary addendum, in effect until March 1, 1964, does not prevent the adopted child of a 1930s testamentary trust's life beneficiary from…more

| Wills, Trusts, & Estate Planning

Estate Litigation: Where's the Will

Michael Burger discusses the presumption of revocation (animo revocandi) that attaches when a will that was in the possession or control of the testator is lost or missing when the testator dies and how to overcome the…more

| Wills, Trusts, & Estate Planning

'My Cousin Mikey' or Surely There's a Law

An analysis of New York's law prohibiting possession of alcohol by minors with intent to consume. The author explores the wisdom, infirmities and defenses attendant to this unique piece of legislation…more

| Criminal Law
Jiovon Anonymous v. City of Rochester

Opinion and Order

The New York State Supreme Court, Appellate Division, Fourth Department has declared the City of Rochester's youth curfew to be unconstitutional and contrary to New York State law…more

| Civil Rights, Constitutional Law, Criminal Law, Family Law
348 Realty Assocs. v. JAV Consulting,...

Decision and Order

The New York State Supreme Court discharged a mortgage that was improperly granted by the unauthorized agent of an LLC that owned the encumbered commercial real estate in question, holding that the agent lacked both actual and…more

| Business Organizations, Commercial Law & Contracts, Real Estate
348 Realty Assocs. v. JAV Consulting,...

Plaintiff's Memorandum of Law in Support of Motion for Summary Judgment...

Plaintiff LLC moved for summary judgment to discharge a mortgage on its commercial real property, a medical building. The mortgage in question was allegedly authorized by an alleged agent of Plaintiff LLC. Plaintiff…more

| Business Organizations, Commercial Law & Contracts, Real Estate

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