Practice Areas

Complaint for Wrongful Termination Based on Psychological Disability is Reinstated by New York Appellate Court

In its February 11, 2015 decision in Regan v. City of Geneva, the Appellate Court, Fourth Department, reinstated the complaint for disability discrimination of a former police officer who was suspended from his job after he was arrested for driving while intoxicated. Shortly after he was suspended, the plaintiff entered into a rehabilitation program for

Federal Court Denies Long Island Restaurant’s Bid to Dismiss Executive Chef’s Overtime Claims

A decision issued last week by the Federal Court in Brooklyn breaks new ground in wage and hour law by imposing a hefty evidentiary burden on employers who try to deprive their employees of overtime by classifying them as “executives”. The decision was issued by Eastern District Judge Arthur D. Spatt in the case Karropoulos

Bengals cheerleaders settle their wage class action but still aren’t allowed to wear panties

Because wage and hour lawyers have already pursued class action lawsuits against nearly all of the obvious targets (restaurants, car washes, pharmaceutical sales, and loan officers, just to name a few), creative attorneys have increasingly turned to more esoteric industries, such as strip clubs, Uber drivers, and cheerleading. During the past three years, overtime claims

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

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

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 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

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. In

Former Wife’s Polyamorous Relationship Does Not Justify Termination of Former Husband’s Maintenance Obligation

Justice Phillip R. Rumsey of New York’s Cortland County Supreme Court has given the New York matrimonial bar a wonderful Christmas present with his recent decision in the case Hunsinger v. Hunsinger, 2014 N.Y. Slip Op 51633(U). Judge Rumsey describes a cast of characters and salacious shenanigans that are amusing, even by Manhattan standards –

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

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

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

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