In New York State, the law provides for an “equitable distribution” of assets and liabilities that were accumulated throughout the duration of a marriage. The majority of the accumulated assets obtained during the marriage are considered to be marital with a few exceptions. The first step in determining equitable distribution is to evaluate the total assets and liabilities. If an individual is considering filing for divorce, it is important that he or she determines what constitutes marital and separate property as early as possible.
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Breaking a Lease Agreement
A lease agreement is a contract that creates rights and obligations for a landlord and a tenant related to rental property. Some leases are term leases, and others are month to month. When a tenant wants to terminate (break) a lease early, it’s important that they consult with a landlord-tenant attorney who can assist in protecting their rights under the law.
Unique Tri-Custody Case in New York
A recent New York child custody case involved the custodial rights of three parents. The child custody case involved a married couple, Dawn and Michael, who had a relationship with their neighbor, Audria. Audria and Michael had a child together. Michael and Dawn separated, and Dawn and Audria moved in together. When the child was born, the three parents worked together to raise the child.
Filing Taxes While Going Through a Divorce
When individuals are in the middle of their divorce proceedings, filing taxes may be the last thing on their minds. However, many who are in the midst of a legal divorce may have similar concerns when it comes to how they file their taxes. Do I file jointly or separately from my spouse? If we file jointly, how should the refund be paid to each party?
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New York County Supreme Court Upholds Decision Under Respondeat Superior Doctrine
The New York County Supreme Court was tasked with deciding if an employer should be liable for damages caused by one of their employees while running a company errand. Justice James d’Auguste in the case of Couillard v. Shaw reviewed the jury’s decision and the doctrine of respondeat superior in deciding to uphold the $12 million verdict.
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Award for Pain and Suffering Affirmed in Slip-and-Fall Case
As many as 1 million people in the U.S. suffer from slip, trip and fall accidents annually, according to the Centers for Disease Control and Prevention. Slip-and-fall accidents can result in serious injuries that require compensation for special damages, including medical bills, rehabilitation, lost current and future wages and other types of care as a result of the injury. An individual may also be able to recover general damages, which include compensation for pain and suffering and change of lifestyle. Recently, a New York City resident suffered from a serious slip-and-fall accident that resulted in a monetary award for liability and pain and suffering damages.
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Estate Not Entitled to Any Damages in New York Wrongful Death Suit in Sunrise Highway Accident
When 64-year-old Juan Estevez attempted to cross Sunrise Highway in Freeport, New York, he was struck by a left turning vehicle. The January 2013 Sunrise Highway accident left Estevez with severe injuries to his head, ribs and sternum. After resuscitation efforts failed at the hospital, he was pronounced dead. Mr. Estevez was survived by three adult sons.
The estate of Mr. Estevez brought suit against the driver. A Nassau County jury found that both the driver and Mr. Estevez were responsible for the accident. The driver testified that he could not have avoided the impact because Estevez was wearing dark clothing, walking against the light, and walking outside of the crosswalk. The jury subsequently found that the driver was 22% liable and Mr. Estevez 78%. Even though the driver was found to have been 22% liable for the accident, the court held that the estate was not entitled to any damages at all for pre-impact terror, pre-death pain and suffering, or loss of parental guidance.
Suffolk County Eviction Process
Eviction is the legal process by which a landlord can expel a resident or tenant from a property. Some of the most common reasons a landlord will evict a tenant are the failure to pay rent on time, harboring other people or pets at the residence that are not authorized by the lease agreement, or the tenant’s participation in illegal or criminal activity within the rental premises. Regardless of the reason for eviction, a landlord must follow a formal eviction process that varies based on the county in which the property is located.
Suffolk County Judge Reopens Juvenile Drug Treatment Court in Central Islip
On January 26, 2017, a Suffolk County judge announced the reopening of the Juvenile Drug Treatment Court in Central Islip. Several years ago, many had deemed the drug treatment courts for juveniles to be a success. However, due to lack of state funding, these drug treatment courts became obsolete in Suffolk County, while drug treatment courts for adults remained. The goal of the juvenile drug treatment court is to reduce substance abuse and non-violent behaviors among the youth who have become involved in the family court system.
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Sudden Danger Leading to Automobile Accidents
Being faced by a sudden danger of a pedestrian suddenly darting out into traffic, or another vehicle’s failure to yield can be terrifying. Often divers in these situations are unable to prevent a crash from occurring. Claims arising from these situations are often argued under the common law’s “emergency doctrine.”
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