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

FDA Issues Warning Letters To Cannabidiol Product Manufacturers Over Health Claims

On November 1, 2017, the Food and Drug Administration (FDA) published a release concerning its issuance of warning letters to four companies concerning the marketing of products containing cannabidiol (CBD)…more
 /  Administrative Law, Health

When Governmental Entities Collide – Local Zoning Codes May Be The Loser

A recent decision by the Appellate Division decided that a village zoning code was inapplicable to a water district. As a result, the water district was able to proceed with replacement of one of its massive elevated water…more
 /  Civil Procedure, Zoning, Planning & Land Use

Can the Bare Naked Assignee Demand Access to LLC Records?

I wish I could take credit for it, but I can’t. The phrase “bare naked assignee” was coined by the preeminent scholar and LLC maven Professor Daniel Kleinberger whose massive oeuvre (not to mention his guest posts on this blog…more
 /  Commercial Law & Contracts, Securities Law

S Corp. Shareholder To Tax Court: “Here’s Why I Deserve These Loss Deductions”

A post earlier this year considered the basis-limitation that restricts the ability of S corporation shareholders to deduct their pro rata share of the corporation’s losses. It was observed that, over the years, shareholders…more
 /  Business Organizations, Taxation

Golf, the Commercial Division, and Expert Disclosure: No Sandbaggers Allowed!

Several weeks ago, we reviewed some of the newer Commercial Division Rules and reported on a couple recent decisions from Justice Shirley Werner Korneich of the Manhattan Commercial Division applying one of those Rules, Rule…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Electronic Discovery

Medicaid Fraud Whistleblower Loses Bid To Keep His Name Out Of The Public Eye

False Claims Act whistleblowers expose themselves to significant risks by coming forward and asserting claims of fraud against the government. Often, the whistleblowers, called relators under the False Claims Act, would prefer…more
 /  Civil Procedure, Government Contracting, Health

Appellate Term Reverses Village Of Port Jefferson Illegal Rental Permit Convictiions

Week to week we blog about recent developments in the land use arena, which typically arise in the civil context. This week, we thought a recent “criminal” case decided by the Supreme Court, Appellate Term, Second Department,…more
 /  Real Estate - Residential, Zoning, Planning & Land Use

The (Even More) Elusive Surcharge in Dissolution Proceedings

A year ago I wrote a piece called The Elusive Surcharge in Dissolution Proceedings highlighting the rare appearance in the case law of the surcharge provision found in Section 1104-a (d) of the Business Corporation Law…more
 /  Business Organizations, Commercial Law & Contracts, Securities Law

LLC-To-Partnership Conversion: There’s More To It Than Meets The Eye

Some Days Are Stones[1]- It’s not always easy to find a topic about which to write a weekly blog post. I usually look for a ruling or decision that illustrates one of the recurring themes of the tax law, and then develop a…more
 /  Business Organizations, Taxation

To Demand or Not Demand, “Futility” is the Question

Under Delaware law, the decision to commence litigation on behalf of a corporation is, of course, a fundamental exercise of business judgment, which decision rests with the Board of Directors. A shareholder, therefore, cannot…more
 /  Commercial Law & Contracts, Securities Law

Cooperation And Competence Are Critical, Concludes One Court

United States v. New Mexico State Univ., No. 1:16-cv-00911-JAP-LF, 2017 WL 4386358 (D.N.M. Sept. 29, 2017) This case, which arises from allegations of pay discrimination by New Mexico State University (“NMSU”) based on…more
 /  Civil Procedure, Electronic Discovery, Labor & Employment Law

The Court of Appeals Examines the Promissory Estoppel/Statute of Frauds Relationship

In the past, New York Courts have demonstrated a willingness to apply the theory of promissory estoppel, to overcome the legal requirements of the Statute of Frauds. The Restatement (Second) of Contract, Section 139, endorses…more
 /  Civil Procedure, Wills, Trusts, & Estate Planning

No Pay to Sleep or Eat on the Job: New York State Department of Labor Issues an Emergency Regulation for Home Care Workers

The New York State Department of Labor (the “DOL”) issued an emergency regulation clarifying its minimum-wage rules regarding home care employees. The emergency regulation provides that sleep and meal times for home care aides…more
 /  Health, Labor & Employment Law

Village’s Denial of a Permit to Fence-Off Private Road Subject to Claim for Inverse Condemnation

In the Village of Bayville, New York (“Bayville”), a landowner wished to enclose and protect private property and the private roadway for access thereon  (“Lot 18”) against trespassers.  The landowner sought to erect crash gates…more
 /  Real Estate - Residential, Zoning, Planning & Land Use

Divorcing Husband Not Smiling Over Court’s Rejection of Ownership Interest in Wife’s Dental Practice

The self-proclaimed entrepreneur and guiding force behind his soon-to-be ex-wife’s highly successful, multi-office pediatric dental practice known as Kiddsmiles is not smiling after the court in Savel v Savel, Short Form Order,…more
 /  Business Organizations, Civil Procedure, Civil Remedies, Constitutional Law
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