Tenacious       •       Experienced       •       Effective


Court Reinstates Overtime and Minimum Wage Protections for Home Care Workers

On Friday, August 21, 2015, the Obama administration’s regulations granting overtime and minimum wage protection to 2,000,000 home care workers were reinstated by the U.S. Court of Appeals for the District of Columbia Circuit. The appellate court concluded that the Labor Department’s regulations were justified by the massive changes in the home care industry that have taken place during the last 4 decades. ... Read more »

New York Appellate Court Rules on Wife’s Entitlement to Marital Residence Purchased by Husband Prior to Marriage

Under New York law, property acquired between the date of marriage and the filing for divorce is generally classified as marital. Property owned by one spouse before the marriage is considered that spouse's separate property. However, there are situations where the lines separating marital from separate property are unclear. Some of the most contentious and challenging situation ... Read more »

Brooklyn Supreme Court Ends Year with A Victory For Homeowners:

Foreclosing Plaintiff is Deprived of Interest and Fees for Failing to Negotiate in Good Faith By: Marc A. Rapaport December 29, 2014 Although the foreclosure crisis may no longer be the subject of daily newspaper headlines, the legal safeguards that the New York legislature implemented at the height of the recession continue to make a difference in the lives of struggling New York homeowners. In an end-of-year gift to... Read more »

Party Who Accepts Benefits of Marital Settlement Agreement Waives Right to Challenge its Validity: Second Department Weighs In

In its December 10, 2014 decision in Sabowitz v. Sabowitz, the Appellate Division, Second Department, affirmed the granting of summary judgment dismissing the husband’s challenge to the validity of the parties’ stipulation in which they settled their divorce action. That award had been made below by Supreme Court, Kings County Justice Eric I. Prus. Read more »

Second Department Appellate Division: If you Need to Take an Appeal, Submit an Adequate Appellate Record or You Will Lose

Matrimonial trials are devastatingly expensive.  Appeals, when necessary, add even more insult to that financial injury.  Yet, if things do not go your way at trial, you may have no choice other than to seek appellate review. At that juncture, there is (for obvious reasons) a desire on the part of many litigants to proceed as cost-effectively as possible.  Having already spent tens of thousands of dollars (and, in many instances, hundreds... Read more »

CSSA Child Support “Income Cap” Increased as of January 31, 2014

Child Support
As of January 31, 2014, the combined parental income used for purposes of calculating the presumptive amount of child support amount under New York’s Child Support Standards Act (CSSA) increased from $136,000 to $141,000. This increase was automatically triggered by a provision of New York’s Social Services Law, which requires an increase in the “income cap” when there is a change in the Consumer Price Index. The... Read more »

New York Wage Lawyers Report Dramatic Rise in Federal Court Overtime Claims

Today, Reuters reported that in 2013, there was a substantial increase in the number of wage claims filed by employees in both state and federal courts throughout the United States.  According to the report, wage lawyers at Seyfarth Shaw predict that the trend will continue in 2014.  According to Reuters, there has been a discernible shift away from discrimination claims toward wage claims: As courts and judges... Read more »

Lawyers Who Resort to Anti-Semitism as a Litigation Tactic: The Insidious Lesson of Otis Carroll

Earlier this year, I had my first encounter with an attorney who openly resorted to anti-Semitism as a litigation tactic.  This occurred in a divorce proceeding that is now pending in a county in upstate New York.  The attorney in question submitted court papers that were laden with epithets that had a decidedly anti-Semitic flavor in an attempt to prejudice my client (who is Jewish) in the eyes of the court. Among other slurs,... Read more »

Dis Is We Thing, Inc. Might (or Might Not) Be Liable For Assault, But Definitely Guilty of the Most Atrociously Bad Corporate Name in History of Universe

New York's Appellate Division for the Second Department is, in all likelihood, the busiest appellate court in the United States.  The justices of the Second Department hear appeals from trial courts in 11 different counties, ranging from rural Dutchess and Putnam Counties to urban Brooklyn and Queens. The Second Department's decisions offer a kaleidescopic view of not only the law, b ... Read more »