Blog
Should You and Your Spouse Have Mirror Wills?
When a married couple plans their estate, they often create identical wills, also known as “mirror wills.” This arrangement makes sense to spouses who want the same things when they pass away. Typically, each spouse leaves all their property to the other or to their children if the other spouse dies first. Mirror wills may […]
January 15, 2021 Posted in Family Law Tagged estate planning, joint will, mirror wills, wills and probate Comments Off on Should You and Your Spouse Have Mirror Wills?
N.Y. Legislature Mulls Bill to Establish Presumption of Shared Parenting
If you’re considering a divorce and you have minor children, it’s understandable that you might be nervous about what to expect when it comes to child custody. Under current New York law, judges apply a range of criteria to determine whether custody should be granted principally to one parent, which would leave the other parent […]
December 15, 2020 Posted in Family Law Tagged burden of proof, custody arrangements, divorce, parenting rights, shared custody Comments Off on N.Y. Legislature Mulls Bill to Establish Presumption of Shared Parenting
New Discovery Rules Increase Defendants’ Access to Prosecutors’ Files
As of 2020, New York has adopted major changes to its discovery rules in criminal cases, making more information available to defendants quickly and easily. Until the reforms, New York’s criminal discovery law — sometimes called the “blindfold law” — was among the most restrictive in the nation. Discovery is the process by which lawyers […]
November 15, 2020 Posted in Criminal Defense Tagged criminal defense, discoverable materials, discovery rules, exceptionally voluminous Comments Off on New Discovery Rules Increase Defendants’ Access to Prosecutors’ Files
New York Adds Domestic Violence as a Factor to Consider in Equitable Distribution
New York State divorce courts now weigh domestic violence as a factor when making decisions about how to divide property among the spouses. Under a revised statute that took effect in 2020, courts must now consider “whether either party has committed an act or acts of domestic violence … against the other party and the […]
October 15, 2020 Posted in Family Law Tagged divorce, Domestic Relations Law 236, domestic violence, equitable distribution Comments Off on New York Adds Domestic Violence as a Factor to Consider in Equitable Distribution
Does the COVID-19 Response Justify Modification of Visitation Rights?
As the coronavirus pandemic continues to spread, it’s natural for parents to wonder if the risk of contracting the virus should impact their child visitation plan. New York was hit particularly hard by COVID-19, and parents may be tempted to simply keep their child at home rather than risk spread of the disease by carrying […]
September 15, 2020 Posted in COVID-19, Family Law Tagged child custody, coronavirus, modification requests, visitation order, visitation rights Comments Off on Does the COVID-19 Response Justify Modification of Visitation Rights?
Recent Laws Roll Back New York Bail Reforms
A year after New York lawmakers passed sweeping bail reforms that drastically reduced the numbers of defendants in pretrial detention, pressure from police and prosecutors has caused a rollback of some of the changes. The new laws eliminated bail for the majority of misdemeanors and non-violent felonies. Instead of having to post cash bail or […]
August 14, 2020 Posted in COVID-19, Criminal Defense Tagged cash bail, cash bond, coronavirus, no-bail release Comments Off on Recent Laws Roll Back New York Bail Reforms
Reckless Driving as a Plea Bargain Option for DWI or DWAI
New York has two types of offenses relating to operation of a vehicle while drunk or drugged: DWI (driving while intoxicated) and DWAI (driving while ability impaired). Both can have serious consequences, including jail, fines and loss of driving privileges. If you are charged with a DWI , you generally cannot plea bargain to anything […]
July 15, 2020 Posted in Criminal Defense Tagged DWI charges in New York, pleading to wet reckless in NY, reckless driving plea bargains for DWI Comments Off on Reckless Driving as a Plea Bargain Option for DWI or DWAI
How Does NY No-Fault Law Limit Recovery of Car Accident Damages?
New York operates under a no-fault car insurance system. If you are involved in a car accident in the state, your own auto insurance company reimburses you for medical treatment and other out-of-pocket expenses up to the limits of your personal injury protection (PIP) coverage. It does not matter who was at fault in the […]
June 16, 2020 Posted in Personal Injury Tagged auto accident damages in NY, NY No-fault law, PIP coverage in NY Comments Off on How Does NY No-Fault Law Limit Recovery of Car Accident Damages?
When Are Owners Liable for Injuries on Their Properties?
If you are injured while on someone else’s property, the owner or occupier is liable if certain factors exist, such as whether the injury resulted from an unsafe condition on the premises. The most common premises accidents are slips and falls, but injuries can also be due to falling objects, dog bites or some other […]
May 15, 2020 Posted in Personal Injury Tagged dangerous property conditions that lead to injuries, premises liability in New York, property owners' duty of care to vistors Comments Off on When Are Owners Liable for Injuries on Their Properties?
What Happens if You Host a Gathering While in Quarantine?
Along with the serious health risks associated with coronavirus, Americans are burdened by quarantine orders and similar directives that forbid them from seeing their loved ones, even for major events such as holidays and birthdays. It can be tempting to try to break the rules, especially for people who believe that they don’t fall into […]
April 23, 2020 Posted in COVID-19 Comments Off on What Happens if You Host a Gathering While in Quarantine?
