New York Business Litigation Attorney Blog

While we're at the tail end of the holiday season, emotions can still run high because of the recent loss of a loved one or because of loneliness or economic troubles brought on by the recession. For those going through a New York divorce, the frustration can be even worse.

As we wind down 2011, whether celebrity or everyday citizen, divorce can be traumatic. We have seen celebrity splits in recent months of Ashton Kutcher and Demi Moore, Kim Kardashian and Kris Humphries, and Kobe Bryant and his wife. Those are only a few examples compared to the many "real-life couples" who have drifted apart in recent years, ending in a 2011 divorce filing.

While divorce can be an emotional roller coaster, it doesn't have to be all bad. Preparation is key and attempting to have an amicable break-up can go a long way toward helping each spouse heal. When children are involved, that's an additional element that must be considered in an effort for everything to work out over time.

A recent article in Lifegoesstrong.com looks at tips to help those who are going through a divorce at this time of year, when companies tell us to be jolly, lights are bright and families plan annual gatherings.

Charity begins at home: If you and your ex aren't amicable, try to be during the holidays. Children are aware of the family's split and talking bad about your ex to your children can cause deep roots.

Try to celebrate as a family: Try to provide a sense of continuity, for the children's sake.

If possible, still give gifts as mom and dad: It reinforces the idea that you're still a family, even if you're split up.

Gifts for the kids: Communicate about gifts so there is no double-dipping, which can lead to a tug-of-war for attention.

Avoid gift guilt: Don't spoil your children with gifts because you feel bad about the divorce. No expensive gift is going to change the fact that their world has been turned upside down.

Keep your emotions in check: The holidays can bring up bad memories and create emotion issues. Don't engage with your children or ex in that state.

Separate holidays and the divorce: Don't use holiday down time to hash out money issues, custody or other issues. Keep the holidays simple and keep the divorce proceedings or issues thereof separate.

Bad surprises: You may find out your ex has a new car, a new mate or your former in-laws are talking bad about you. Don't take it out on your kids and try to shelter them by not bringing it up in front of them.

Emotions will run high: You may think you have it together, but you will stumble. Be prepared and take it in stride. It will happen.

Take a break: Use any downtime you have to relax and rejuvenate.

These are only tips and they may not completely apply to your situation, but they may help. If you are considering divorce, consult with an experienced Great Neck family law attorney who can help make the transition as smooth as possible.

Continue reading "New York Divorce Tips to Survive the Holiday Season" »

The Consumer Financial Protection Bureau recently announced that it is taking credit card complaints and complaints regarding problems with mortgages in New York.

Consumer protection agencies created by the government may provide some oversight for private companies, but often lack the power to create any amount of change. Typically, only legal action taken against a company can result in any meaningful response for a consumer who is wronged.

Consumer complaints can come in a variety of ways and for a variety of reasons. Sometimes, the actions that are taken by companies can directly result in major harm to the consumer. This has been especially true in recent years in the wake of the mortgage foreclosure debacle throughout this country.

Banks have used unlawful and unethical tactics in an effort to take away people's homes. They have used robo-signed documents -- that which are signed by mortgage servicers hired by banks and are supposed to be signed by bank officials who review the paperwork for accuracy.

The banks have also filed paperwork that was intentionally altered to support their taking away of a person's house through foreclosure. By backdating paperwork and having it notarized on dates that couldn't possibly be accurate, the banks were able to take away millions of homes.

The government agency was created this year and was designed to take consumer complaints and pass them on to the companies and set up a tracking system for customers to follow their complaints.

The agency's first report is on credit card complaints. An agency report states that consumers filed more than 5,000 complaints against credit card companies, the first types of complaints that were taken from consumers. Of those, more than 13 percent dealt with billing disputes as their main complaint, while another 10 percent related to identity theft and interest rates. Other complaints filed by consumers dealt with fees, payments, canceling accounts and credit reporting.

In providing its first report since being created in July, the agency reported that it has begun taking complaints about home mortgages as well. Agency officials hope to take all consumer complaints starting next year.

The agency is designed to take consumer complaints and be a go-between for consumers and the companies they deal with. The agency must produce semi-annual reports to Congress detailing the types of reports it is receiving from American consumers.

The information then may be analyzed to determine trends and patterns that may be used to help consumers. Ultimately, however, the agency has no power to make changes that could help consumers, but aims to collect data that may be applied later.

Collecting data on mortgage problems may actually help consumer protection agencies in the future, however. Banks have stripped away people's homes -- millions and counting -- through bad acts and unfair trade practices. Future data may go to addressing the problem and aiding consumers.

Foreclosures are a major issue in this country and will continue to be for years in the future. Many remain hopeful that getting to the root of the foreclosure problem in America will help the real estate market recover more quickly as well. Certainly addressing where consumers have been wronged throughout the mortgage foreclosure problem in New York and nationwide will be a start.

Continue reading "Government Agency Taking Credit Card and Mortgage Complaints for New York Consumers" »

The construction of a Queens casino that lead to six-figure fines by a government agency for safety violations could also lead to a New York workers' compensation claim.

According to the U.S. Department of Labor's Occupational Safety & Health Administration, five contractors were recently cited for alleged hazards in the construction of a casino at the old Aqueduct Racetrack in Queens.

Employers have a duty to ensure that their workers are kept safe at work. That not only means making sure that hazards, such as spills, the possibility of fall hazards, electrical problems and other commonly blamed incidents for workplace injuries are avoided, but also providing training for employees.

When most people think of workplace injuries, they look at construction scenes. With shaky scaffolding and a work-in-progress scene with power tools, heavy machinery, workers at tall heights and other hazards around, that's usually the main place that workers get injured.

But that's not the only place. Workers' compensation claims can be filed for employers who are injured at seemingly mundane office complexes. Spills, electrical issues and overstocked rooms are all reasons that can cause a person to be injured on the job. Also, injuries in vehicle accidents on work projects also may allow a person to seek workers' compensation.

Workers' compensation laws are designed to help workers who are injured on the job. But the laws are complex and can be difficult to navigate. Trust an experienced Long Island workers' compensation lawyer to help you if you are hurt at work and require compensation.

According to OSHA, five contractors have been cited for safety hazards. The government agency has proposed fines of more than $127,000 because of it. Four contractors were cited for allegedly providing inadequate safeguards to protect workers who could be exposed to airborne lead while they are torch cutting. A fifth contractor was cited for allegedly not providing fall protection and training.

OSHA inspectors found evidence that workers were exposed to high levels of lead, protective controls to cut down on that exposure weren't put in place, respiratory protection and protective clothing wasn't given to workers, there were no showers or places to change into clean clothes, and employees weren't given the results of soil and air samples taken at the site.

These serious violations could end up leading to major health problems for the workers, even with the intervention of OSHA. Workplace injuries can not only apply to cuts and bruises and other outer-body injuries, but also cancers and inner ailments that pop up as a result of precautions not taken by employers or because of hazards at work.

Construction contractors understand they have many state and federal laws that they have to follow. Most do a good job, but others lag behind. Part of the reasoning could be financial. It usually costs money to provide training, more equipment and other things needed to comply with the laws.

Not complying can lead to health hazards, which can lead to work injuries. Workers must be smart and cautious, but even that may not be able to prevent the problems that their companies create without proper precautions.

Continue reading "Queens Casino Construction Site Safety Violations Could Lead to New York Workers' Compensation Claims" »

Most television police and law dramas don't fully explain the process involved in the criminal justice system, and more specifically of criminal appeals in New York.

Perhaps that's because it wouldn't make for good television or be entertaining to viewers. That's probably true, but for people steeped in the criminal justice system, it is critically important.

The criminal justice system is a checks and balances-based system. Great Neck criminal defense lawyers are hired to ensure state prosecutors are practicing within the law and not breaking any rules and vice versa. Judges are hired to oversee a criminal defendant's case and to make sure the defendant gets a fair trial in accordance with that person's rights and the local rules of the court.

But the appeals system is to hold all of them accountable. If mistakes are made at the trial level, the appeals process is designed to make sure the defendant has a voice to fix those problems. Sometimes, that results in a new trial. Other times, it means the charges can be dropped altogether if the offenses are that egregious.

Most court officials try to do a good job with the resources they have. But there are examples of overzealous police officers and prosecutors and judges who abuse their power and the result is the defendant's rights being violated. That's what a good criminal appeal is for.

In the recent Maryland case of State v. Allen, a judge's mistake in two separate trials led to the granting of a third trial in a major murder cases. And while State v. Allen deals with murder, this applies to any type of crime, including robbery in New York, burglary in Great Neck or any other type of charge.

This case goes back to 2001, where Jeffrey Allen killed his friend John Butler during an argument. According to court documents, Allen asked Butler for a ride and Butler wouldn't. The two got into a fight and Allen stabbed Butler to death, drove the car off and later crashed it. He was subsequently arrested.

The state charged Allen with first-degree felony murder, first-degree premeditated murder, second-degree murder, armed robbery and other, less serious charges. At trial, a judge made a mistake when he told jurors that in order to convict the name of first-degree felony murder, they could find that he planned the robbery either before or after the murder.

On appeal, a court ruled that an "afterthought" robbery couldn't be the basis for a first-degree felony murder charge. In order to prove felony murder, the state must show that a murder occurred during the commission of another felony, such as robbery.

The court upheld the second-degree murder charge, armed robbery charge and other charges, but sent the felony murder charge back for a new trial. During the second trial, the judge erred when he told jurors that the man had already been convicted of second-degree murder and armed robbery an that they only had to find him guilty or not guilty of felony murder.

By telling jurors the man had already been convicted of those two charges -- the two charges that make up the felony murder charge -- the judge essentially told the jury the defendant was guilty. Again, an appeals court granted a new trial.

This case may have been a rare example, but courts throughout New York have had similar problems. An off-hand remark or a blatant error can lead to a new trial or dropped charges, but only if an experienced Great Neck criminal appeals lawyer is on the case.

Continue reading "New York Criminal Appeal Critical, State v. Allen Shows" »

The government for the last few years has gone out of its way to create programs designed to help Long Island homeowners get help if their house was in danger of going into foreclosure.

Sadly, those programs were designed without teeth and did little to force banks into considering using them. Therefore, many Americans were deceived into thinking they could get a loan modification and ended up in a New York foreclosure with seemingly little way out.

Homeowners have rights and they must be upheld. This has been even more of an issue in recent years as the country's big banks have trampled upon them in the pursuit of taking away people's houses under false pretenses. Bank officials have ordered workers to falsify loan documentation, sign paperwork without checking for accuracy and foreclose on houses while homeowners are attempting to re-work a loan.

A recent Reuters article suggests that the problems with loan modifications have gone a long way toward hampering our country's real estate recovery. There are millions of foreclosures nationwide and people every day are fighting to save their homes.

One way to defend against foreclosure is pointing out the various problems banks have had in violating homeowners' rights along the way. The issue of robo-signing has been a big issue throughout the foreclosure mess. This is where companies pay outside mortgage servicers to process paperwork in foreclosure cases.

That is perfectly legal, but what was unlawful was when these mortgage servicers began signing documents with false notaries and signing as bank officials who never actually saw the documents to verify them for accuracy. These documents were the basis for millions of foreclosures that have already taken place.

While it was robo-signing that spurred all 50 states attorneys to begin investigations and launch lawsuits and cause the banks to halt foreclosures for nearly a year, there have been examples that it is still going on.

Other investigations have found that bank officials ordered employees to alter foreclosure paperwork, backdate information, write up inaccurate information on documents and otherwise falsify documentation in order to have the necessary paperwork to file a foreclosure.

The banks relied on this falsified paperwork to take away people's homes. But as time has gone by, judges throughout the country have become leery of the banks and their work, often finding in favor of homeowners who have stopped paying because banks can't prove who legally owns the house or they have been found guilty of misdeeds.

The Reuters article looks into the "bureaucratic nightmare" that homeowners endure if they try to modify their loan. Many homeowners have told their stories to the news media where they are in negotiations with a bank only to find out that another bank department has started the foreclosure process or denied them because the homeowner didn't send in paperwork they actually did send in or some other manufactured error.

Banks have made small efforts to help homeowners by having one-day fairs where struggling homeowners -- 1 in 12 mortgages is delinquent -- or setting up centers for homeowners. But without those minor efforts, homeowners largely are left to the bank's graces to work out their problems.

Continue reading "Home Loan Modification Programs a Failure and Lead to Long Island Foreclosures" »