When suing a municipality, you are generally required to file a Notice of Claim, the purpose of which is to give the municipality prelitigation notice of the claim and afford it an opportunity to investigate and, if warranted, settle such claim without the risk and expense of litigation. Such a filing is considered a jurisdictional … Read more
The post
Neufeld O'Leary & Giusto
Website:
http://www.noglaw.com
Neufeld O'Leary & Giusto Blogs
Blog Authors
Latest from Neufeld O'Leary & Giusto
What Happens If an Executor or Administrator Ignores the Terms of a Will When Distributing Property?
The role of an executor or administrator at its most basic level is to read the will and do what it says. However, not every appointed fiduciary does so. What happens if a fiduciary “goes rogue” and transfers a decedent’s real property in a way not provided for under the will? This was addressed by … Read more
The post…
Update on New York’s Electronic Wills Act
Last year, we wrote about a bill awaiting Governor Hochul’s signature that would legalize “E-Wills” in New York. The bill, dubbed the Electronic Wills Act (the “EWA” or “Act” herein), was primarily based on the Uniform Electronic Wills Act, which has been adopted by several states and territories. Since our last post, the Governor has … Read more
The post…
The “Empty Trust” Mistake and How to Fix It
Trusts are often used in an estate plan to protect assets and avoid probate. Creating the trust with the help of an attorney is the first step, but not the only one needed. Many people make a critical mistake after signing their trust documents: They never fund the trust, making it virtually useless. Think of … Read more
The post…
Who Makes Health Care Decisions Where There Is No Health Care Proxy?
What happens if a person cannot make their own health care decisions, and they don’t have a health care proxy? In New York, the Family Health Care Decisions Act (the “Act”) was enacted in 2010 to address this problem. The law sets forth rules regarding who can decide on medical treatment for an incapacitated patient … Read more
The post…
Too Sick to File for Your Tax Refund? Why the IRS Might Say Too Bad
Most people rush to file their tax return if they are owed a refund. But what happens if you cannot file on time for health reasons? You may think the IRS will forgive the delay. Unfortunately, missing a tax deadline can have permanent consequences, even when caused by serious illness. The Internal Revenue Code does … Read more
The post…
New York Enacts AVOID Act to Reduce Trial Delays
In a lawsuit, it isn’t unusual for a party to deploy certain tactics to delay the case for strategic reasons. Unfortunately, this can be abused, creating problems for the court system and the other side, as cases become more time-consuming and expensive to resolve. One solution to this problem was recently enacted in New York. … Read more
The post…
New York Court Finds Off-Site Accident Not Covered by Restaurant’s Insurance Policy
If you are a business owner, it is important to understand what is covered by the various insurance policies you have, so you don’t find yourself with a gap in coverage. This lesson was evident in a recent New York Appellate Division, Second Department case involving a restaurant. The Court found that the insurer was … Read more
The post…
When Does a Business Assume a Duty of Care to a Guest?
Businesses have certain legal responsibilities to guests on their property, but how far those responsibilities extend is frequently litigated. A recent New York decision addressed the question of when a business assumes a duty of care to a guest in a case involving a tragic suicide. While the facts are unusual, the court’s analysis can … Read more
The post…
Employer Registration Deadlines for the New York Secure Choice Savings Program
In 2021, New York created a state-run retirement program called the Secure Choice Savings Program (“Secure Choice”). The purpose of the program is to provide Roth IRAs to private sector employees who do not have access to a retirement plan through their employers. As part of Secure Choice, private sector employers must either register or … Read more
The post…