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

Oh Deer! Local Hunting Laws and New York State Preemption Doctrine

In 2014, the New York State Legislature enacted a significant amendment to the Environmental Conservation Law (ECL) reducing setbacks required to discharge a long bow in the lawful act of hunting from 500 feet to 150 feet from…more

Hunting, Municipalities, Preemption, Regulatory Oversight, State and Local Government

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An Update On A Fiduciary’s Access To The Digital Records Of A Decedent

A recent post to this blog titled You’ve Got (E-)Mail! Can Your Survivors Access It After Your Death?, discussed New York’s recently-enacted digital assets legislation, and Surrogate Mella’s decision in Matter of Serrano,…more

Decedent Protection, Digital Assets, Electronically Stored Information, Email, Fiduciary Duty

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Which Statute of Limitations Applies to Your Declaratory Judgment Action?

So your client wants you to file a declaratory judgment action, but you are unsure of whether the applicable statute of limitations has expired. But what is the applicable statute of limitations in a declaratory judgment…more

Business Litigation, Commercial Court, Construction Industry, CPLR, Declaratory Judgments

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Sour Grapes At Southold Town Board Meeting: Proposed Regulations Aimed At Wineries Go Back To The Drawing Board

At its December 5, 2017 meeting, the Town Board of the Town of Southold (“Town Board”) was hit with a tidal wave of opposition to changes the Board was considering to the Town’s Zoning Code with respect to wineries. The proposed…more

Agricultural Land, Agricultural Sector, Farms, State and Local Government, Wine & Alcohol

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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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A Cooperative Discovery Process Promotes Efficient Advocacy

In Youngevity Intl’s Corp. v. Smith (No: 16-cv-00704 [SD CA December 21, 2017]), defendants sought an Order pursuant to Federal Rules of Civil Procedure 26(g) and 37. The Order required Plaintiffs to remediate an improper…more

Discovery, Document Productions, Electronically Stored Information, Federal Rules of Civil Procedure, Motion to Compel

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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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Are Employers Required to Make Contributions to Union Pension Fund for “Bonus” Payments?

Hammering Nails Construction has a CBA (collective bargaining agreement) with Local 1 of the United Brotherhood of Widgetmakers (“Union”). After a pension fund audit, Hammering Nails received a letter claiming it owed…more

Bonuses, Collective Bargaining Agreements (CBA), Employee Benefits, Employer Contributions, Pension Funds

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Be Sure to ‘Like’ This Summons on Facebook

My colleague Adam Rafsky’s astute post last week on Manhattan Commercial Division Justice Shirley Werner Kornreich’s recent reminder regarding the importance of proper service and claim viability when seeking a default judgment…more

Business Litigation, Commercial Court, CPLR, Default Judgment, Facebook

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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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Real Property Tax Alert - October 2016

Nassau County Class 4 Commercial Property – Disputed Assessment Fund (“DAF”) Started with October 2016 School Bill - All Class 4 commercial properties have been impacted by the increase in the school tax rate precipitated…more

Commercial Property Owners, Filing Deadlines, Homeowners, Property Tax, Public Schools

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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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Is New York City’s Marx Brothers Playground a Park?  The Answer is No Laughing Matter

A fierce legal battle is currently being waged between preservationists and the City of New York (“City”) over a parcel of land in Manhattan’s Upper East Side, known as Marx Brothers Playground. The parcel, which is located…more

Construction Industry, Mixed-Use Zoning, Public Parks, Public Trust Doctrine, Real Estate Development

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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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Content Developer Attempts to Tag MLB with Conversion: “Safe,” Rules Justice Kornreich

Have you ever had a brilliant business idea, only to discover years later that someone else has beaten you to market? If you are a professional athlete, you might break your hand punching a fire extinguisher or picture frame in…more

Baseball, Business Litigation, Commercial Court, Confidential Business Information (CBI), Digital Media

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Massachusetts’ First ICO Enforcement Action Offers Important Lessons for Offshore ICOs

Last month, Secretary of the Commonwealth of Massachusetts William Galvin made good on his promise to conduct an exam sweep of ICOs in Massachusetts. On January 17, the Enforcement Section of the Massachusetts Securities…more

Cryptocurrency, Digital Currency, Enforcement Actions, Financial Crimes, Initial Coin Offering (ICOs)

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Public Private Partnerships: Securing Payment for Labor and Materials

What happens to contractors and subcontractors who are without lien rights when a private developer is building on public land with private money? A recent court decision clarified the parties’ rights and obligations for those…more

Construction Industry, Construction Project, Infrastructure, Mechanics Lien, Project Finance

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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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Do Bulk Sales Laws Still Exist in New York?

I recently came across a discussion among members of the NYS Bar Associations Business Law Section where a question was posed concerning the purchase by a client of the posting attorney of all or “substantially all” of the…more

Bulk Purchasing, Business Assets, Notice Requirements, Repeal, State Bar Associations

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Will Someone Please Re-Name the Implied Covenant of Good Faith and Fair Dealing?

In the annals of business divorce litigation and assorted other disputes between co-owners of closely held business entities, the cause of action for breach of the implied covenant of good faith and fair dealing likely wins the…more

Breach of Contract, Business Divorce, Business Litigation, Contract Terms, Covenant of Good Faith and Fair Dealing

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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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The LLC Equitable Buyout: Past, Present, Future

Under the right set of facts, New York courts occasionally find remedies for LLC owners not explicitly authorized in the Limited Liability Company Law (“LLC Law”). Judges have a natural inclination to try to find solutions for…more

Business Divorce, Buyouts, Corporate Dissolution, Derivative Suit, Limited Liability Company (LLC)

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Real Property Tax Alert - October 2016

Nassau County Class 4 Commercial Property – Disputed Assessment Fund (“DAF”) Started with October 2016 School Bill - All Class 4 commercial properties have been impacted by the increase in the school tax rate precipitated…more

Commercial Property Owners, Filing Deadlines, Homeowners, Property Tax, Public Schools

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Second 2018 Government Shutdown, Congressional Budget Deal and Healthcare

Just as everyday Americans were preparing their lives for a second United States government shutdown since the turn of the New Year, President Donald J. Trump signed into law a bipartisan (well, as bipartisan as it gets with…more

CHIP, Federal Budget, Federal Funding, Government Shutdown, Health Care Providers

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Wage and Hour Pitfalls Part 1: What You Need To Know

1. Employers Must Pay “Manual Workers” Weekly. In New York, employers are required to pay manual workers weekly. A “manual worker” includes “a mechanic, workingman or laborer” or individuals who spend more than 25% of…more

Construction Workers, Direct Deposit, Notice Requirements, Prompt Payment, Wage and Hour

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Angry Text Message Recipient Loses Court Challenge On Flu Shot Reminder

It’s flu season again. Your PCP at WPMG is thinking of you! So began the health care provider’s text message that prompted this month’s Second Circuit decision applying the Telephone Consumer Protection Act to a flu shot…more

Auto-Dialed Calls, FCC, Health Care Providers, Prior Express Consent, TCPA

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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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When Defendant’s Default Does NOT Warrant a Default Judgment

Default judgments are merely rubber-stamped when defendant fails to appear and/or answer, right? Wrong, as the New York County Commercial Division’s recent decision in Gutterman v. Stark (Hon. Shirley Werner Kornreich, J.)…more

Amended Complaints, Business Litigation, Commercial Court, Default, Default Judgment

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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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Second Department Upholds Loss of Religious Use Real Property Tax Exemption

On January 18, 2018, the Appellate Division, Second Department, upheld a decision denying an application for a religious real property tax exemption on the grounds that the property owner’s use of the main structure as a…more

Property Tax, Real Estate Market, Religious Institutions, Tax Assessment, Tax Exemptions

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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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Empire Wind: New York’s Latest Off-Shore Wind Energy Project

In December 2016, Norwegian developer Statoil won a bid to lease 79,000 acres of underwater land from the federal government for wind energy development. Statoil’s wind energy project will be located approximately fourteen…more

Clean Energy, Energy Projects, Energy Sector, Offshore Wind, Renewable Energy

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Federal v. State Trademark Registration for Marijuana-Related Goods and Services

Despite numerous states having legalized medical marijuana, and a handful of others having legalized marijuana for recreational use, it still remains impossible to obtain a U.S. federal trademark registration for marijuana…more

Controlled Substances, Controlled Substances Act, Decriminalization of Marijuana, Intellectual Property Protection, Marijuana

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New York Supreme Court Upholds Riverhead Town ZBA Determination Affirming Pre-existing Nonconforming Marina, Commercial Oyster Operation and Summer Cottage Use

By letter dated November 24 2009, the Town of Riverhead’s Building Department Administrator provided that the docks, bulkheaded structures, commercial oyster operation, and six summer rental cottages were legal pre-existing…more

Appeals, Commercial Property Owners, Nonconforming Use, NY Supreme Court, Property Owners

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When Is A Shareholder’s “Loan” To An S Corporation Really A Loan?

Passing Through Losses- There is a problem that will sometimes plague the shareholders of an S corp that is going through challenging financial times. Whether because of a downturn in the general economy or in its industry,…more

Corporate Taxes, Income Taxes, IRS, Pass-Through Entities, S-Corporation

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Ethical Considerations For Attorneys in Light of the Rescission of the Cole Memorandum

As discussed in our January 5th blog post, the Cole Memorandum was rescinded by Attorney General Jeff Sessions on January 4th of this year. The Cole Memorandum had served to formally announce the DOJ’s policy that it would not…more

Cole Memorandum, Controlled Substances, Criminal Prosecution, Decriminalization of Marijuana, Dispensaries

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When Does Intentional Wrongdoing Render a “Limitation of Liability” Clause Unenforceable?

That was the issue presented to the Appellate Division, First Department in Electron Trading, LLC v. Morgan Stanley & Co. LLC, which was an appeal from the grant of defendant’s motion to dismiss a contractual claim seeking…more

Alternative Trading Systems, Appeals, Breach of Contract, Business Litigation, Commercial Court

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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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