While most people filing for divorce have no issue establishing their eligibility, it may be interesting to note that every state has slightly different requirements for what are considered valid reasons to divorce. While in most cases you must first establish that you were a resident in the state of filing for at least two years prior to beginning the divorce process, the only additional requirement revolves around establishing a...
Rules regarding who can make a financial recovery after a car accident vary from state to state. In some states, if a driver is decided to be even 1% at fault for the accident, they are not eligible to receive compensation. However, in states like New York that practice pure comparative fault, even a driver who was 99% at fault for an accident can seek compensation, albeit in a limited amount. However, fault can be tricky to determine. It is not...
Construction sites can contain inherent hazards that employers are required and expected to mitigate. By following industry safety protocol, a construction site does not necessarily have to be any more dangerous than another profession. However, this does not bar injuries from occurring. Whether an injury occurs on a construction site in the normal scope of work or as the result of negligence, a construction worker may have various options for...
The dining industry has been hit arguably harder than any other as the result of the COVID-19 pandemic and subsequent shutdowns. As a means of preventing further spread of the virus, many restaurants were forced to resort to curbside pick-up options only, and other establishments shut down entirely. However, in recent months, some establishments were allowed to begin offering indoor dining options again with social distancing, mask measures, and...
Medical malpractice law is a subset of personal injury law: someone wrongfully injured you, it just happens to involve a doctor’s office, hospital, or pharmacist. Legally that medical establishment may be liable for damages, whatever they may be. This is the case for one New York resident by the name of Ivan C. (claimant) who received an implant known as the IVC Filter into his heart, a device designed to catch blood clots and prevent pulmonary...
Are You Eligible for Chapter 7 Bankruptcy in New York? Take the Bankruptcy Means Test to Find Out
The Chapter 7 bankruptcy means test can determine if a New York petitioner’s income level and expenses are eligible to file for a Chapter 7 bankruptcy. The formula is designed to prevent individuals from Chapter 7 bankruptcy if they make enough money to pay down unsecured debts. If an individual does not qualify for Chapter 7 as d
Probate Litigation in New York
New York Probate Attorneys Explain Undue Influence, Spousal Rights, Defective Wills and Trusts, and More Probate Litigation Matters
“Probate court litigation” is a broad term that umbrellas a variety of situations, all of which have to do with a person’s estate after he or she has passed away and the time comes to review their will or trust post-mortem. The process of probate litigation typically includes...
Child Custody: Tips for When Grandparents Seek Custody in New York
Many states have custody laws which allow a court to allocate the custody of an underage child to his or her grandparents, including New York. Since these laws can often infringe on the child’s biological parent’s basic rights to parent the child, the New York laws have to fit a compelling interest to protect the welfare and safety of the child, as well as comply with federal...