Author Archives: Mark Goldsmith
How Children’s Preferences Factor Into Custody and Visitation Decisions
New York courts making custody and visitation decisions prioritize the best interests of the child, weighing various factors to determine an optimal living arrangement. A common question in custody proceedings is whether a child can choose their which parent to live with. While courts do not give children the absolute right to decide where they… Read More »
How New York’s Helmet Law Can Affect a Motorcycle Rider’s Injury Claim
Under New York law, all motorcycle riders and passengers must wear a helmet that meets federal motor vehicle safety standards. Failure to comply with this law can have substantial legal implications, particularly in the context of injury claims stemming from an accident. When a motorcycle rider is involved in a collision, the question of fault… Read More »
Special Issues Faced When Divorcing a Narcissist
Narcissistic personality disorder (NPD) is a mental condition characterized by an inflated sense of importance, a deep need for excessive attention and admiration, troubled relationships and a lack of empathy for others. During divorce proceedings, a narcissistic spouse may exhibit manipulative, controlling and vindictive behaviors that can present major hurdles to overcome. One of the… Read More »
The Difference Between Wrongful Death and Survival Actions
Families that have lost loved ones due to the negligence or deliberate actions of others have two distinct legal remedies: wrongful death actions and survival actions. While they share some similarities, they serve different purposes and involve different types of recoverable damages. A wrongful death action is brought on behalf of certain surviving family members… Read More »
How the SUNY Cap Can Affect Sharing of Post-Divorce College Expenses
In New York State, child support covers basic needs such as housing, food, clothing and education until a child reaches age 21. That can include college attendance to the extent it is within the parents’ financial ability. The SUNY Cap is a financial guideline regularly used by New York Courts to determine the maximum amount… Read More »
With Summer Vacations Come Higher Risks of Accidents and Injuries
Summer vacations are a time for relaxation and fun, but they can also create situations that make vacationers prone to injuries. The most common accidents during summer vacations include slips and falls, water-related accidents, sports mishaps, car accidents and food poisoning. Understanding the causes of these injuries is important for seeking compensation from individuals who… Read More »
Deciding Who Gets the Family Pet in a Divorce
Despite the popular use of the term “pet custody,” household animals are generally considered property under New York law, and divorce courts include them as part of the process of equitable distribution. However, recent changes to state law require courts to weigh special factors in deciding which of the former spouses will be awarded the… Read More »
Spotting and Remediating Nursing Home Abuse and Neglect
Elders are making up a larger and larger percentage of the U.S. population, which in turn is increasing the need for nursing homes and assisted-living facilities. Unfortunately, patients and residents at these institutions are vulnerable to mistreatment by their caregivers through abuse or neglect. Abuse can take many forms, including physical, emotional, sexual, and financial… Read More »
What to Know About the Risk of Injuries in Big-Box Stores
The large retail outlets known as big-box stores offer a widely varied selection of goods under one roof, making them convenient one-stop shopping destinations. However, these operations by their very nature create a unique set of hazards for shoppers. All commercial establishments have duty to keep their premises safe for expected visitors, and when a… Read More »
Who Gets the Family Home in a New York Divorce?
In a New York divorce, a process called equitable distribution is used to divide marital property fairly, not necessarily equally. This applies to the family home as well, but its unique nature presents some complexities. Unlike stocks or investments that can be easily split, a house is a single, non-liquid asset. In addition, it is… Read More »