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Recent Blog Posts

COVID-19 Continues to Complicate Many Child Custody Arrangements

When parents of minor children break up, they and their lawyers establish custody and visitation terms that should address various situations that might arise over the years to come. A sound parenting plan might cover medical care, school vacations, extracurricular activities and college funding. This averts future conflicts and ensures that everyone understands how these… Read More »

Monitoring Systems Aim to Stop Drunk, Distracted and Fatigued Driving

Numerous technological advances have increased automobile safety over the past decades. Seat belts and air bags are now standard on the cars we buy. Newer innovations such as rear-view cameras and blind-spot detection are increasingly common. Now, comprehensive Driver Monitoring Systems (DMS) have the ability to stop some of the dangerous behaviors that lead to… Read More »

Domestic Violence Is Now a Factor in New York Equitable Distribution Decisions

New York’s equitable distribution law states that when a divorcing couple cannot agree on how they want the marital property to be divided, the judge decides what is fair and equitable. This does not have to be an even split in value. Though the judge may look at any relevant information when making a decision,… Read More »

Michigan Tragedy Raises Serious Issues of School Negligence

The deadly school shooting in Oxford, Michigan has resulted in criminal charges for student Ethan Crumbley and his parents. However, legal responsibility might extend to the school district as well. School personnel had apparently identified Crumbley as someone with behavioral problems and, on the day of the shooting, returned him to class despite the warning… Read More »

Job Loss Alone Will Not Necessarily Justify a Reduced Child Support Rate

Since New York child support rates are largely based on how much income each parent earns, people might naturally assume that when a paying parent loses their job, a court will approve a significant reduction in their monthly obligation. This is not always the case. To qualify for a reduction, a dismissal must be involuntary…. Read More »

Grieving Families Act Would Modernize New York Wrongful Death Law

When a loved one dies due to someone else’s negligence or willful misconduct, bereaved family members suffer an irreplaceable loss. One aspect of this loss is economic. The deceased victim will no longer be able to earn income to support the family. Since 1847, New York law has given surviving loved ones the right to… Read More »

How the COVID-19 Pandemic Could Increase the “Gray Divorce” Trend

Even before the COVID-19 pandemic hit the United States, family lawyers and cultural observers have noticed the increase in divorces amongst older married couples. One study shows that the divorce rate for Americans 50 and older has doubled since 1990. This “gray divorce” trend cuts across social and economic lines and involves many spouses who… Read More »

How Does New York’s “Storm in Progress” Doctrine Affect Snow and Ice Injury Claims?

Throughout the Northeast, winter weather means that sidewalks, parking lots and even indoor floors pose a danger. Property owners and managers are responsible for clearing snow and ice from their premises so guests on their property don’t suffer slip and fall injuries. However, the question of when this duty arises might be more complicated than… Read More »

Possible Exceptions to New York’s Personal Injury Statute of Limitations

Under New York law, a personal injury victim has three years from the date of the incident to file a lawsuit seeking damages from potentially liable defendants. Typically, this statute of limitations is a hard and fast rule, preventing even meritorious claims from being brought even one day past the deadline. However, there are situations… Read More »

Investigation Cites Causes of Long Island Crash Where Five Died

An investigation of a Montauk Highway crash that killed five people indicates that the car that swerved into oncoming traffic had been traveling as fast as 106 miles per hour prior to the head-on collision. In the accident, the driver of the speeding car died, along with the Uber driver and three passengers in the… Read More »