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Author Archives: Mark Goldsmith

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 »

Is the Driver Behind Always at Fault in a Rear-End Collision?

A rear-end collision occurs when one vehicle hits another from behind, typically because there was insufficient stopping distance between them. If the driver ahead slows or stops and the rear driver cannot stop in time, the likelihood is that the driver behind will be presumed to be at fault for following too closely. However, this… Read More »

Limits on a Custodial Parent’s Right to Relocate with a Child

We live in a fluid society, where people are not always bound to one geographical area for life. A person may move far away or even out of state for various reasons. But when a parent who is subject to a child custody order contemplates such a move, there can be legal implications. While New… Read More »

Construction Accidents and Workers’ Compensation: What You Need to Know

Construction sites are inherently dangerous workplaces, and accidents can happen despite the strictest safety measures. If you’re a construction worker who has suffered an injury on the job, it’s important to familiarize yourself with the workers’ compensation system. In this post, we’ll delve into the basics of workers’ compensation in the context of construction accidents,… Read More »

Nassau and Suffolk Lead in Fatal Senior Driver Crashes

Last year, Nassau and Suffolk counties in New York experienced a higher number of fatal automobile crashes involving drivers aged 65 and above than any other part of the state, reflecting a statewide increase in such incidents, as reported by AAA Northeast. In 2022, there were 214 fatal crashes among this age group in New… Read More »