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

Old MacDonald Has A Right To Build On His Farm: Sale of Development Rights In Suffolk County Does Not Preclude Certain Uses of Farmland

Long Island’s ever-evolving agricultural industry won a major battle in the Appellate Division this month when the court overturned Supreme Court Justice Whelan’s decision, which invalidated two local laws of the Suffolk County…more

Agricultural Land, Agricultural Sector, Farms, Land Preservation, Real Estate Development

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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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Fox News Executive Not a Faithless Servant, Despite Allegations of Sexual Harassment

In a recent Commercial Division decision, Pozner v Fox Broadcasting Company, (2018 NY Slip Op 28102 [Sup Ct, NY County Apr. 2, 2018]), Justice Saliann Scarpulla declined to extend the application of the faithless servant…more

Breach of Contract, Employment Contract, Employment Policies, Fox News, Religious Discrimination

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Lack of Standing Is Fatal To Challenge

Standing is a threshold issue in challenges to administrative decisions. Prior blog posts have dealt with standing in cases involving challenges to local land use and zoning decisions…more

Appeals, Article III, Campaign Contributions, Election Laws, Injury-in-Fact

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The Broadest Impact:  2018-19 New York State Managed Care Budget Highlights

This, the last of our posts on the 2018-19 New York State Health Budget (the “Enacted Budget”), focuses on an area of healthcare that has perhaps the broadest impact of the sector as a whole — managed care…more

Health Care Providers, Long-Term Care, Managed Care Contracts, State and Local Government, State Budgets

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THE “AMBIGUITY RULE”-“Not-So-Clear” Can Be Useful When Seeking Variances

It is well established that zoning codes and regulations are in derogation of property owners’ rights in and to the use of their property. Zoning restricts the use of land which was otherwise free of restrictions. An owner’s…more

Construction Industry, Real Estate Development, Urban Planning & Development, Zoning Laws

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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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Email Threading: Another Analytic Tool Available To Promote Efficiency In A Document Review Project

The April 26 blog post discussed predictive coding as one of many analytical tools available to empower attorneys to work smarter, thereby reducing discovery costs and allowing attorneys to focus sooner on the data most relevant…more

Discovery, Document Productions, Electronically Stored Information, Email

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Releases: End of the Road or Just a New Beginning?

The fiduciary who thinks a receipt and release is the answer to all future claims for an accounting and liability may have a surprise in store. Over the past several months, Surrogates have explored the issue of receipts and…more

Accounting, Fiduciary Duty, Grantors, Releases, Trustees

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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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Check the Rules Part VII – Recent New-Rule Proposal Encourages Lawyers and Courts to Get Down to Brass Tacks Early in the Case

The New York Commercial Division was founded in 1993 “to test whether it would be possible, by concentrating on commercial litigation, to improve the efficiency with which such matters were addressed by the court and, at the…more

Commercial Court, Jurisdiction, Pre-Trial Motions, Rules of Civil Procedure, State and Local Government

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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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Murr v. Wisconsin, Lot Mergers, State Legislative Intervention & A Happy Ending

Last week we wrote about a United States Supreme Court case Murr v. Wisconsin and its impact locally. Since that post, the Petitioner, Donna Murr contacted the author to provide us with an update to her family’s situation…more

Common Ownership, Land Parcels, Murr v Wisconsin, Private Property, Property Owners

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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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Fugitive Tycoon Guo Wengui, Seeking Asylum in United States, Denied Protection from Creditors’ New York Lawyers

In 2015, Guo Wengui, a/k/a Kwok Ho Wan, a Chinese citizen, billionaire investor and political provocateur, fled China for the United States amid reported investigations by the Chinese government involving several of his…more

Asylum, Breach of Contract, Creditors, Foreign Jurisdictions, Foreign Nationals

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First S-1 Filing for an ICO: Going Legit or Just a Crypto Head Fake?

Initial coin offerings so far have gone through two major phases in their brief lifespan. The initial phase flew under the regulatory radar in an explosion of deals that raised billions of dollars seemingly overnight and without…more

Accredited Investors, Bitcoin, Cryptocurrency, Digital Currency, Disclosure Requirements

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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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Default Judgment Entered on a Promissory Note Even Though Claim Likely Violated Criminal Usury Laws

So a plaintiff obtains a default judgment against a defendant on a promissory note case. Defendant fails to appear or defend…more

Affirmative Defenses, Cause of Action Accrual, Debt, Default Judgment, Loans

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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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No Prize for Nobel Laureate in Fight for Bigger Stake in Biotech Company

The Nobel Prize symbolizes the apex of human achievement in the arts and sciences. It is no guarantee, however, that its recipients are equally adept when it comes to their own business endeavors…more

Business Divorce, Business Litigation, Business Ownership, Oral Contracts, Stock Transfer Restrictions

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"Your "Baby" is Heading to College - Any Estate Planning Documents Needed?"

While we may know better, an 18 year old college student is generally considered an adult under New York law. Your rights as a parent to make decisions for your child change suddenly when he/she turns age 18. You no longer have…more

Advanced Care Directives, Estate Planning, Power of Attorney, Students

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Corporate Frankenstein “Partnership to Form a Corporation” Lives Another Day

Lawyers are famous for arguing seemingly inconsistent positions at the same time. We practitioners lovingly refer to the technique as “arguing in the alternative.” The famous Texas trial lawyer, Richard “Racehorse” Haynes, gave…more

Appeals, Arbitration Agreements, Business Divorce, Business Litigation, Business Ownership

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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 »

Seeking Interoperability: Centers for Medicare & Medicaid Services

As we have discussed in an earlier blog post, the federal administrative agencies have been placing greater emphasis on being more transparent and promoting “interoperability”…more

CMS, Electronic Medical Records, Healthcare Costs, Inpatient Prospective Payment System (IPPS), Long Term Care Facilities

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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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EDNY Decision Highlights False Claims Act Public Disclosure Bar, Original Source Rule

EDNY Judge Brian Cogan recently addressed the False Claims Act public disclosure bar and original source rule in a decision based on a qui tam Relator’s claims that defendants marketed a test to measure the levels of a certain…more

False Claims Act (FCA), Fraud and Abuse, Public Disclosure, Qui Tam, Relators

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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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Action to Recover Amadeo Modigliani Painting Stolen by Nazis Survives Dismissal Due in Part to Alter Ego Finding

Over eighty years after the end of World War II, crimes committed by the Nazis continue to be redressed, including in our very own Commercial Division…more

Alter Ego, Art Collections, Commercial Court, Conversion, Fine Art

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DOH Issues Additional Guidance on New LHCSA Moratorium and other Restrictions Imposed by the 2018-19 Enacted New York State Budget.

As we reported in our annual series highlighting the various healthcare related provisions of the 2018-19 New York State Budget, the Enacted Budget reflects the state’s overall policy towards consolidation of the home care…more

Department of Health, Health Care Providers, Home Health Care, Long-Term Care, Moratorium

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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

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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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Appellate Division Affirms ZBA Determination Denying Natural Resources Special Permit for Walls Built Without Permits on Oceanfront Property in East Hampton

In the Matter of 278, LLC v. Zoning Board of Appeals of the Town of East Hampton et al., dated March 21, 2018, the Appellate Division, Second Department upheld East Hampton Town Zoning Board of Appeal’s (“ZBA”) decision denying…more

Building Permits, Municipalities, Natural Resources, Real Estate Market, State and Local Government

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Shifting Business Activities Between Related Entities?

Metamorphosis- By now, most readers have heard about the benefits and pitfalls of “checking the box” or of failing to do so. Of course, I am referring to the election afforded certain unincorporated business entities to…more

Income Taxes, Limited Liability Company (LLC), Limited Liability Partnerships, Partnerships, Professional Corporation

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New York State’s Prohibition of the Corporate Practice of Medicine – A Not-So-Gentle Reminder

Spurred in large part by the changing landscape of medicine, more and more medical professionals are seeking to become a part of something bigger. Often, they are under the misassumption that they can set up and run their…more

Anti-Kickback Statute, Fee-Splitting, Health Care Providers, Medical Reimbursement, Professional Services Companies

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Another Reminder That Unsigned Agreements Can Be Binding

In commercial litigation, it is not at all unusual for courts to be called upon to determine whether an unsigned agreement is binding. The federal courts have a long line of cases dealing with this very issue, and perhaps the…more

Binding Agreements, Breach of Contract, Settlement Agreements

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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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