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September 29, 2017

          Probate is the legal process that takes place after a person’s death. The process may include collecting assets, identifying which property is to be distributed by the Will, obtaining appraisals of estate property and paying off debts, taxes or other liabilities of the deceased individual. The final phase is to distribute the remaining property according to the terms of the Will or in accordance with New York State intestacy law, if there is no Will.

         Typically, probate involves filing a Petition with the Surrogate’s Court within the County where the decedent was domiciled (where the decedent resided). This Petition is called a Probate Petition (if there...

September 27, 2017

           In September, 2017, New York Governor Cuomo signed into law new legislation (Chapter 322 of the Laws of 2017) that now specifically prohibits health care providers and facilities from charging patients for providing, releasing, or delivering patient information, or copies of patient information, in cases where such records are needed “for the purpose of supporting an application, claim or appeal for any government benefit or program.”  Additionally, in cases where a provider maintains patient information in electronic form, the provider shall provide the copy in either electronic or paper form, as required by the government benefit or progra...

September 19, 2017

A Review of Matter of Kaiser, the “Emperor” of Wrongful Death Settlement Proceeds

               One of the first tidbits learned in law school is that there are three certainties in life: death, taxes, and litigation.  This legal briefing touches two of those topics: death and litigation.  Death is difficult to deal with in general, but even more so when it happens unexpectedly to a young spouse and parent due to the negligent actions of another individual.  Litigation almost always follows this type of tragic death as the young family is scrambling to not only deal with the unexpected loss of a loved one, but to replace the significant financial loss caused by that untimely death.  How are...

September 14, 2017

          A recent decision out of the New York State Appellate Division, Second Department, highlights the ongoing efforts of plaintiffs’ attorneys in New York to obtain nursing homes’ confidential records. When there is an incident at a nursing home, nursing homes often generate various incident reports and other quality assurance documentation regardless of whether there is any negligence or wrongdoing on behalf of the nursing home and its personnel. The purpose of this documentation is to permit review of nursing home practices and personnel and improve the quality of care at the nursing home.

          Plaintiffs’ attorneys, for obvious reasons, are eager to obtain qu...

September 12, 2017

                If you are an owner, contractor or subcontractor, payment disputes that arise on construction projects are a common occurrence.  Even worse, more often than not these disputes lead to litigation, which costs an exorbitant amount of money and time.  To combat this problem in the construction industry the New York State legislature enacted the Prompt Payment Act in 2003 (“PPA”), which is found in Sections 756-758 of Article 35-E of the General Business Law.

                The PPA applies to any “written or oral agreement for the construction… of any building, structure or improvement…where the aggre...

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