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

Appellate Division Holds that Proposed Use For Split Zoned Parcel Requires Area, Not Use, Variance

Split zoned parcels can be a headache for property owners and practitioners. In general, a split zoned parcel is a piece of land located in two or more zoning districts and divided by a zoning district boundary line. Often…more

Appeals, Municipalities, Real Estate Market, 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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Personal Jurisdiction Over Japanese Airplane Entities Does Not Fly in New York County

In a recent decision, Justice Scarpulla of the New York County Commercial Division declined to exercise personal jurisdiction over several Japanese entities, and even imposed sanctions on the plaintiff for attempting to…more

Airplane Accidents, Aviation Industry, Business Litigation, Commercial Court, Fraud

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NYS Department of Health Report Green Lights Legalization of Marijuana

In January 2018, during the Executive budget address, Governor Cuomo directed the Department of Health (DOH) to review the health, criminal justice and economic impacts of regulating recreational marijuana in New York…more

Compassionate Use Act, Decriminalization of Marijuana, Department of Health, Federal v State Law Application, Marijuana

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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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Worker Cooperatives and Health Care

New York State healthcare policymakers have always had a lukewarm relationship with for-profit providers. While in some sectors the for-profit provision of care is common (e.g., nursing homes and home care), in others, there…more

Employee-Ownership, For-Profit Corporations, Worker Cooperatives

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Rule 45’s Geographic Restrictions Do Not Apply To The Production Of Electronically Stored Information

In a recent decision out of Oklahoma (Curtis v. Progressive N. Ins. Co., No. CIV-17-1076-C [W.D. Okla. June 13, 2018]), District Judge Robin J. Cauthron ruled that non-party ESI subpoenaed pursuant to Rule 45 was not subject to…more

Discovery, Document Productions, Electronically Stored Information, FRCP 45

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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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Surrogate’s Court Sets Aside Fraudulent Conveyance Violative of Contract to Make a Testamentary Disposition

A person who executes a valid agreement to make a testamentary disposition as to a specific item of property is precluded from making an alternative disposition, either during lifetime or upon death…more

Breach of Contract, Contract Terms, Deeds, Estate Claims, Estate Planning

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Court Says Uber Makes Things Difficult But Not “Impossible” for NYC Taxis

The plight of the cabbie was on display in a recent decision from the Honorable O. Peter Sherwood of the Manhattan Commercial Division in a case called Capital One Equip. v Deus, in which the cabbie-defendants, after defaulting…more

Affirmative Defenses, Breach of Contract, Loans, Lyft, Physical Impossibility Rule

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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

See all updates »

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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Court Admonishes Village for Adopting Laws with a Discriminatory Purpose

Local governments in New York may regulate land use within their borders directly through their zoning codes and indirectly by adopting a variety of other statutes and regulations…more

Discrimination, First Amendment, Fourteenth Amendment, Municipalities, Religious Discrimination

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You’ve Got (E-)Mail! Can Your Survivors Access It After Your Death?

E-mail is seemingly omnipresent. Day in and day out, we use it in our business, social, and personal affairs. Yet, the improvements to the technology associated with e-mail have far outpaced the development of the law concerning…more

Decedent Protection, Digital Assets, Electronically Stored Information, Email, Estate Planning

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Universal Obtains More Than It Bargained For in Deals with Cash Money Records: Potential Liability for Unpaid Drake Profits

For those unfamiliar with what today’s young kids are listening to, Aubrey “Drake” Graham is one of the most commercially-successful recording artists of all time, with multiple multiple-platinum records to his credit. For frame…more

Alter Ego, Business Litigation, Contract Terms, Motion to Dismiss, Music

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“Three’s A Charm”: House Adopts JOBS Act 3.0 To Fix Earlier Capital Raising Reform Efforts

t’s not often that the House of Representatives votes nearly unanimously on anything noteworthy these days, but that’s exactly what the House did on July 17 in voting 406-4 for the “JOBS and Investor Confidence Act of 2018”..…more

Accredited Investors, Angel Investors, Capital Formation, Capital Raising, Crowdfunding

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Not All “Repeated Discovery Failures” Lead to the Striking of a Pleading

So you entered into a Preliminary Conference and a Compliance Conference Order with your adversary whereby the parties have to exchange discovery by dates certain. The purpose of these orders is to save parties a significant…more

Appeals, Business Litigation, Commercial Court, Discovery, Discovery Violations

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Doping Suit Brought by Vijay Singh: Appellate Division Affirms Denial of PGA Tour’s Motion

In May 2013, professional golfer Vijay Singh (“Singh”) brought suit against PGA Tour, an organizer of the leading men’s professional golf tours and events in North America, in Vijay Singh v. PGA Tour, Inc. PGA Tour enacted an…more

Anti-Doping Issues, Breach of Implied Contract, Covenant of Good Faith and Fair Dealing, Doping, Golf

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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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Summer Shorts: Partnership Appraisal and Other Recent Decisions of Interest

The dog days of August are upon us, a perfect time as I do each year to offer vacationing readers some lighter fare consisting of summaries of a few recent decisions of interest involving disputes between business co-owners…more

Appraisal, Business Divorce, Business Litigation, Business Valuations, Buy-Out Agreements

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Will, Trusts & Estates: Plain and Simple – Back to Basics: Wills & Revocable Trusts

Wills and revocable trusts basically do the same thing – each is a document in which you give away your assets to your beneficiaries upon your death. Both can be revoked and changed whenever and as often as you desire. In…more

Beneficiaries, Estate Planning, Pour-over Will, Probate, Revocable Trusts

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Basics of Valuation Proceedings – Litigating an Appraisal from Start to Finish – Part 2

...So you, or your client, have found yourself in an appraisal proceeding. The question then becomes: What are the legal rules, principles, and standards that apply in the valuation proceeding itself? That is the subject of…more

Appraisal, Appraisal Rights, Business Valuations, Buyouts, Corporate Dissolution

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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 »

New York State Receives Passing Grades On Its First DSRIP Report Card

Earlier this month the New York State Department of Health released the first results of its recently adopted Medicaid redesign efforts, the Delivery System Reform Incentive Payment (“DSRIP”), in four core areas: (1) metric…more

Benchmarks, DSRIP, Health Care Providers, Healthcare Reform, Managed Care Contracts

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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 Rejects Hospital’s Bid To Cloak Allegedly Defamatory FDA Investigation Statements With Absolute Immunity

The recent New York Court of Appeals decision in Stega v. New York Downtown Hospital provides strong support for defamation claims arising out of witness testimony in investigations and quasi-judicial hearings…more

Absolute Immunity, Administrative Proceedings, Appeals, Clinical Trials, Defamation

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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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Proposed Amendment to Commercial Division Rules Aims to Make Mediation More Effective

Commercial Division litigators often hope that mediation will lead to a negotiated settlement, but their expectation – based on their prior experience – is that it will not. In this sense, mediation seems to have significant…more

Commercial Court, Mediation, Proposed Amendments, Public Comment, Rules of Civil Procedure

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Legislation Affecting Public Health

This post marks the end of our series on recent activity by the New York State Legislature in the health sector, and follows posts on legislation impacting the pharmaceutical industry, hospitals , long term care and aging,…more

Anti-Discrimination Policies, Child Care, Donor Lists, Lead, Legislative Agendas

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Speculation, Estate Planning, and Legal Malpractice

In some will contests, lawyers will speculate that the decedent may have misled people as to his true estate plan, either out of weakness, to keep the peace, to measure reactions, to avoid uncomfortable conversations, and…more

Attorney Malpractice, Beneficiaries, Beneficiary Designations, Decedent Protection, Inheritance

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Appellate Division Reverses Site Plan Approval Requiring Merger of Six Individual Lots into One Shopping Center Lot

It is not uncommon for municipal planning departments to require applicants that are seeking land use approvals involving multiple contiguous parcels to consolidate or merge the properties to form one single larger parcel…more

Appeals, City Planning Departments, Municipalities, Property Dedication, Shopping Centers

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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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The Town of Riverhead’s Rural Preservation Efforts Encounter the Special Facts Exception and Section 239-m

Last month, the Appellate Division, Second Department, issued four decisions in a series of hybrid proceedings challenging local laws in the Town of Riverhead (“Riverhead”)…more

Agricultural Land, Agricultural Sector, Municipalities, Real Estate Market, Site Plans

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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

See all updates »

DOH Issues Request for Information for New LHCSA Need Methodology

As we previously reported, the 2018-19 New York State Budget passed in March includes significant provisions intended to reduce the number of Licensed Home Care Services Agencies (LHCSAs) around the state…more

Certificate of Need, Department of Health, Home Health Care, Long Term Care Facilities, Long-Term Care

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Appellate Division Finds Planning Board’s Negative Declaration Arbitrary and Capricious and Requires Preparation of Environmental Impact Statement

An application was made for a site plan to the Planning Board of the City of Poughkeepsie for a 24 two-bedroom unit condominium complex in four buildings on a 3.4 acre parcel adjacent to an historic district…more

Appeals, Arbitrary and Capricious, Environmental Impact Report (EIR), Environmental Review, Historical Landmarks

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More Related Party Transfers

Last week, we considered the proper tax treatment for a transfer of funds from a parent corporation to its foreign subsidiary. The parent had argued, unsuccessfully, that the transfer represented the payment of a deductible…more

Money Transfer, Parent Corporation, S-Corporation, Shareholder Litigation, Shareholders

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Medical Director Agreements – What you don’t document could hurt you.

Unlike most other types of employment arrangements involving physicians, physicians acting as a medical director are compensated purely for the performance of administrative services related to patient care services…more

Compensation & Benefits, Employment Contract, Medical Directors, Personal Services, Physicians

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Court cannot search the record on claims not the subject of the motion, or can it?

The Appellate Division, in a short but direct ruling, reminds the bench and bar that courts cannot simply “search the record” and grant summary judgment on claims or defenses that are not the subject of the motion. It did so…more

Business Divorce, Business Litigation, Business Partners, Judicial Dissolution, Summary Judgment

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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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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Links to Other Websites

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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

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California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

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

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Changes in Our Privacy Policy

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Contacting JD Supra

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  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
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  • 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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