Michael Burger – Santiago Burger Annechino LLP

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

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

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

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

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

This essay describes how to evaluate a potential civil rights case to maximize your client's chance of collecting attorney's fees purusant to 42 USC 1983 and 1988 and related provisions of the federal civil rights law. The…more

Attorney Michael Burger, a partner at Davidson Fink LLP concentrating in Estate and Trust litigation, analyzes the rights of adopted children to share in class legacies executed prior to March 1, 1964, under New York's…more

Attorney's fee application in a civil rights case. Plaintiffs prevailed in overturning an unconstitutional youth curfew law enacted by the City of Rochester, New York. This memo of law addresses mootness and the requirement…more

Attorney's fee application in a civil rights case. Plaintiffs prevailed in overturning an unconstitutional youth curfew law enacted by the City of Rochester, New York. This memo of law addresses the legal definition of…more

Attorney's fee application in a civil rights case. Plaintiffs prevailed in overturning an unconstitutional youth curfew law enacted by the City of Rochester, New York. This memo of law addresses the lodestar calculation or the…more

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

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

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

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

The Law of Agency and the Apparent Authority Doctrine in New York State…more