Farrell Fritz, P.C.

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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
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Locations
Other U.S. Locations
  • New York
Number of Attorneys
50-100 Attorneys

Use Variance Denied By Second Department Regardless Of Alleged Prior Precedent: Village of Patachogue

The Second Department recently reversed a Suffolk County Supreme Court decision granting a use variance for a mother-daughter residence in the Village of Patchogue (the “Village”), in spite of statements made on the record by…more

Appeals, Municipalities, Real Estate Development, Urban Planning & Development, Variances

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Heart v. Head: A Judge’s Conundrum

Judicial oaths require that judges rule on the law, putting their personal feelings aside. Indeed, judges’ personal opinions are presumed to be non-factors in judicial decision making as judges are charged to uphold the letter…more

Beneficiaries, Beneficiary Designations, Decedent Protection, Estate Claims, IRA

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Waiver of Right of Election: Correction of Defective Acknowledgment

With a specific statute (Domestic Relations Law §236(3)) mandating that pre-nuptial agreements must be acknowledged, and with a specific statutory form of acknowledgment (Real Property Law §309-a(1)), it is surprising that there…more

Contract Terms, Estate Planning, Marriage, Motion to Dismiss, Motion to Set Aside the Verdict

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Commercial Division Rules May Be Coming to a Non-Commercial Court Near You

For those civil practitioners who don’t regularly practice in the Commercial Division – beware. The Unified Court System’s Advisory Committee on Civil Practice (the “Committee”) has proposed that nine (9) Commercial Division…more

Commercial Court, Court Appearances, Depositions, Mediation, Objection Procedures

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Defective SEQRA Determination Derails South Nassau Cultural Center

A recent decision from the Nassau County Supreme Court, Healy v. Town of Hempstead Board of Appeals, overturned a municipal determination that granted special zoning exceptions and variances to a Greek Orthodox Church located in…more

Appeals, Conflicts of Interest, Construction Industry, Environmental Policies, Municipalities

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What Happened on Election Day – and What It Means for Healthcare Policy in New York State

As pundits continue to argue about the nature and extent of the “Blue Wave” that did or did not wash across the country this past Election Day, its impact in New York State was undeniable…more

General Elections, Legislative Agendas, Local Elections, Members of Congress, Political Campaigns

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How Not To Fix A Failure To Refer A Land Use Matter To The Planning Commission

General Municipal Law §239-m requires that before taking action on a land use application, a municipal agency like a Zoning Board of Appeals or Planning Board must refer the application to a county or regional planning…more

County Planning Commissions, Jurisdiction, Land Developers, Land Use Restrictions, Urban Planning & Development

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Should New York State Require Hospitals To Insure Medical Malpractice Claims?

New York State does not require hospitals to insure medical malpractice claims, either through the purchase of commercial medical malpractice insurance or the establishment of an adequately funded self-insurance program. New…more

Health Care Providers, Healthcare Facilities, Hospitals, Malpractice Insurance, Medical Malpractice

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Third Department Affirms “Neg. Dec.” Do-Over in Village of Ballston Spa v. City of Saratoga Springs

In SEQRA parlance, a “Negative Declaration of Environmental Significance”, or “Neg. Dec.”, is a lead agency’s finding that the proposed Type I or Unlisted Action under review will not result in any significant adverse…more

Environmental Assessments, Environmental Impact Report (EIR), Environmental Site Assessment, Mitigated Negative Declaration, Municipalities

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Court Dismisses Plaintiff’s Complaint As Sanction For Doctored Emails

On August 1, 2018, Judge Beetlestone (E.D. Pa.) granted Defendants’ motion for sanctions based upon unequivocal evidence that Plaintiffs manipulated and fabricated emails material to the litigation. Although the Court imposed…more

Discovery, Discovery Disputes, Dismissals, Electronically Stored Information, Email

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Receipts and Releases: End of the Road or Just the Beginning

The discharge of an executor or trustee is the ultimate end-game of most, if not all, estate and trust administrations. Affording that kind of comfort level to the fiduciary can be accomplished in one of two ways, distinguished…more

Appeals, Beneficiaries, Duress, Executors, Fiduciary Duty

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’Till Death [And Divorce] Do Us Part

The Surviving Spouse’s Right of Election vs. A Former Spouse’s Rights in the Decedent’s Estate under a Separation Agreement - Spousal separation agreements sometimes pro­vide for one party to make a provision in his or her…more

Creditors, Divorce, Dual Beneficiaries, Estate Planning, Former Spouse

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The Healthcare Revolution Impacting Social Service Agencies

While the fight in Washington has been focused on the future of Obamacare, here in New York a healthcare revolution is well underway. Over the past several years, major changes in New York healthcare laws and regulations have…more

Collaboration, Community Health Systems, DSRIP, Governor Cuomo, Health Care Providers

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At Least I Still Have My Rights of Inspection

Perhaps it’s because I’ll be speaking on the topic later this week, or perhaps it’s because of a recent post on another one of our blogs, but shareholder rights of inspection have been on the mind of late…more

Appeals, Books & Records, Inspection Rights, Shareholder Rights, Shareholders' Agreements

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As Summer Approaches, Landlords And Brokers Must Beware Of Rental Permit Requirements

Municipalities on Long Island are struggling to control rental properties. In Southampton, rental properties are governed by Chapter 270 of the Southampton Town Code (the “Code”). Section 270-3 of the Code establishes that an…more

Landlords, Permits, Real Estate Brokers, Rental Property, Tenants

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Nassau County Commercial Real Property Tax Alert

Annual Survey of Income and Expenses – ASIE-2017 Pursuant to the Nassau County Administrative Code, Section 6-30, the Nassau County Department of Assessment (“the Assessor”) is requiring the submission of 2017 financial data on…more

Electronic Filing, Filing Deadlines, Filing Requirements, Penalties, Property Owners

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Sometimes It’s Just a Question of Standing

A person’s standing to interpose objections to probate is governed by SCPA §1410, which provides that, - any person whose interest in property or in the estate of the testator would be adversely affected by the admission of…more

Article III, Probate, Standing, Wills

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Suffolk Supreme Court Overturns Zoning Board Denial of Deer Fence Application

Recently Farrell Fritz, P.C. represented a family held limited liability company in connection with an application to a East End zoning board of appeals to maintain an eight (8) foot fence and six (6) foot driveway gates around…more

Appeals, Municipalities, NY Supreme Court, Real Estate Market, State and Local Government

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Appellate Court Concludes that Schools are not Exempt from Local Zoning Regulations

The generally accepted practice in towns and villages throughout New York is that public and private schools need not comply with the zoning rules applicable to other property owners. However, the Appellate Division, Third…more

Appeals, Educational Institutions, Immunity, Land-Use Permits, Municipalities

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Hasta La Vista, Exoneration Clauses

Exoneration clauses seek to excuse fiduciaries, most notably executors and trustees, from liability for the failure to exercise reasonable care (cf. Margaret Valentine Turano, Practice Commentary: EPTL § 11-1.7 [2008]…more

Fiduciary Duty, Reasonable Care, Release of Liability, Testamentary Trust, Trustees

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Amended CPLR 503(a): “Extra Butter” Sneakerheads Must Defend Alleged Theft of Yeezys, and Other Fly Kicks, in New York County

It has been almost one year since the New York legislature amended CPLR 503(a) to provide for venue in “the county in which a substantial part of the events or omissions giving rise to the claim occurred.”…more

Choice-of-Venue, Commercial Court, CPLR, Pleadings, Summons

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Imitation Not Always Flattery: SEC Halts ICO Falsely Claiming Approval of SEC and Self-Created “Blockchain Exchange Commission”

If you were looking for a safe blockchain investment and had the chance to invest in the “first licensed and regulated tokenized cryptocurrency exchange and index fund based in the U.S.” and audited by a Big 4 accounting firm,…more

Accredited Investors, Blockchain, Cryptocurrency, Distributed Ledger Technology (DLT), Enforcement Actions

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General Release Bars Family from Recovering Art from the Holocaust

A general release: the end of a litigation or relinquishment of a right? Every attorney and litigant often breathes a sigh of relief when a litigation comes to a conclusion. But is that always the case? Not when the release…more

Art Collections, Fine Art, Nazi Looted Art, Stolen Goods, Summary Judgment

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Those Seeking to Vacate An Arbitration Award Face An Uphill Battle

You’ve just represented a client in an arbitration proceeding…and lost. The client wants to “appeal” the decision. Now what? The only remedy your client has is to request that the court vacate or modify the arbitration award…more

Appeals, Arbitration, Arbitration Awards, Manifest Disregard, Motion to Vacate

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Selling Your Business: Baskets, Deductibles and Caps, Oh My!

You’re a business owner and have spent years nurturing and growing your business into a valuable asset, and now you have decided it’s finally time to monetize that asset and sell your business. You go about the process of…more

Bargaining Power, Buyers, Contract Terms, Indemnification Clauses, Purchase Agreement

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Think Twice Before Putting 100% Quorum Requirement in By-Laws or LLC Agreement

It’s no surprise that the quorum requirements found in close corporation by-laws and LLC operating agreements rarely step into the limelight in business divorce disputes…more

Business Divorce, Bylaws, Corporate Governance, Limited Liability Company (LLC), Operating Agreements

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Wills, Trusts & Estates: Plain and Simple – “Do I Need a Will?”

A Last Will and Testament directs your Executor how and to whom your assets are to be disposed. If you do not have a Will, assets in your name when you die will pass under New York State’s intestacy laws. However, only the…more

Estate Planning, Intestate Succession, Joint Tenancy with Right of Survivorship, Life Estates, Revocable Trusts

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Accounting Unchained: Is the Closely Held Business Owner’s Right to an Accounting Absolute?

Let’s face it. In business divorce, the accounting cause of action doesn’t get a lot of love. It’s not as sexy as the torts (conversion, breach of fiduciary duty, waste, etc). It lacks the oomph of judicial dissolution…more

Accounting, Books & Records, Business Divorce, Business Litigation, Closely Held Businesses

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Nassau County Commercial Real Property Tax Alert

Annual Survey of Income and Expenses – ASIE-2017 Pursuant to the Nassau County Administrative Code, Section 6-30, the Nassau County Department of Assessment (“the Assessor”) is requiring the submission of 2017 financial data on…more

Electronic Filing, Filing Deadlines, Filing Requirements, Penalties, Property Owners

See all updates »

Sexual Harassment Legislation Imposes New Employer Obligations

New York’s FY 2019 Executive Budget includes new legislation aimed at combatting sexual harassment in the workplace. According to the Governor, the legislation purports to be the “most comprehensive anti-sexual harassment…more

Anti-Harassment Policies, Construction Industry, Employer Liability Issues, Hostile Environment, Mandatory Arbitration Clauses

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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

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NY Court of Appeals Strikes Down DOH Limits On Use Of Private Funds For Executive Compensation And Upholds Limits On Use Of Public Funds

Last week, in LeadingAge New York, Inc. v. Shah, the New York Court of Appeals addressed Department of Health regulations limiting executive compensation and administrative expenditures by healthcare providers receiving state…more

Administrative Expenses, Appeals, Department of Health, Executive Compensation, Health Care Providers

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The Risky Business of Warranties

Owners and contractors beware! The warranty you get may not be what you bargained for. Many construction contracts, including widely used industry form contracts, contain two distinct warranties, a general warranty and a…more

American Institute of Architects, Construction Contracts, Construction Industry, Contract Negotiations, Warranties

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What Happened on Election Day – and What It Means for Healthcare Policy in New York State

As pundits continue to argue about the nature and extent of the “Blue Wave” that did or did not wash across the country this past Election Day, its impact in New York State was undeniable…more

General Elections, Legislative Agendas, Local Elections, Members of Congress, Political Campaigns

See all updates »

Treasure and Trinkets

It is easy to be cynical about the “pots and pans,” “tchotchkes,” and “junk” – – the property that is often divided in a contentious manner at the bitter end of an estate litigation, or sometimes forgotten after years of…more

Beneficiaries, Decedent Protection, Estate Claims, Personal Property, Tangible Property

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Second Department Reverses Mandamus Requiring Building Inspector to Issue a Permit to Construct a Dock

On October 17, 2018, the Supreme Court, Appellate Division, Second Department (“Second Department”) issued two (2) companion decisions arising out of three different attempts by Petitioners, Kleinknechts (“Petitioners”) to…more

Appeals, Building Permits, Construction Industry, Construction Project, Easements

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Snowbird? Or the real deal?

So you recently moved from New York to Florida? Abundant sunshine, no income tax, no estate tax — wonderful! One problem: New York State tax authorities may not think you really moved! And they’re assessing heavy income taxes,…more

Audits, Clear and Convincing Evidence, Domicile, Income Taxes, Intent

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Commercial Development around a Residential Parcel Supports Hardship Element for Use Variance

A use variance is arguably one of the most difficult zoning approvals to obtain and is rarely granted. Petitioners in 54 Marion Ave., LLC v. City of Saratoga Springs, 2018 N.Y. Slip Op. 04611, 162 A.D.3d 1341 (3d Dep’t 2018), …more

Local Ordinance, Urban Planning & Development, Variances, Zoning Laws

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Cannabis Industry Update – April 2018

With so much happening in the cannabis industry we thought we’d take this time to highlight some of the industry’s most recent happenings. …more

Cole Memorandum, Decriminalization of Marijuana, Dispensaries, FDA Approval, Legislative Agendas

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What Happened on Election Day – and What It Means for Healthcare Policy in New York State

As pundits continue to argue about the nature and extent of the “Blue Wave” that did or did not wash across the country this past Election Day, its impact in New York State was undeniable…more

General Elections, Legislative Agendas, Local Elections, Members of Congress, Political Campaigns

See all updates »

Appellate Division Rules Town of Clarkson Code Provision Restricting Building Permits until Subdivision Infrastructure is Built, Null and Void

New York State Town Law § 277(9) authorizes a town Planning Board, to require a developer to provide a performance bond or other security covering the cost of installation of subdivision infrastructure and improvements in case…more

Appeals, Building Permits, Declaratory Judgments, Infrastructure, Municipalities

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Doing Business In New York? Domiciled Elsewhere? Paranoid Over New York Residency Status?

Welcome (?) to NY..... The Tax Foundation recently issued its annual State Business Tax Climate Index. The 2019 Index compares the fifty States across five major areas of taxation: corporate taxes, individual income taxes,…more

Domicile, Income Taxes, Primary Residence, Resident Status, State Taxes

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State Reallocation of FRAP Funds Not Barred By the ACA

As the battle over the future of the Affordable Care Act (the “ACA”) continues, New York State scored a big victory earlier this month with the federal court decision of UnitedHealthcare of New York, Inc., et al. v. Vullo…more

Affordable Care Act, Allocation of Funds, Health Insurance, Risk Adjustment Formula, State and Local Government

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Does "freedom of contract" really exist when it comes to statute of limitations in a mortgage-backed securities contract?

Although we generally report on recent Commercial Division decisions, and sometimes commercial cases coming out of the Appellate Divisions, this time we go all the way to the top: the Court of Appeals. Not often do we see…more

Appeals, Breach of Contract, Commercial Court, Deutsche Bank, Morgan Stanley

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Bad Language: A Good Reason to Fire People?

What is an employer to do when an employee goes on a tirade at the work place or on social media? In general, an employee cannot be disciplined by his employer for statements about work-place concerns, such as wages or…more

Construction Industry, Disciplinary Proceedings, Employment Policies, Hiring & Firing, Obscenity

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Updated: May 25, 2018:

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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