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Can you sue for a candle injury?

cancdle window hat

During the holiday season, candle use surges in New York households. There’s something especially festive about a flickering taper combined with the scent of vanilla, apple cider, gingerbread, and that perennial favorite, evergreen. No wonder stores like Bath and Body Works are filled to capacity throughout December! Unfortunately, candle use has also led to tragedy.…

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Apps that make post-divorce holiday shopping easier

smartphone

If you’ve owned a smartphone for long, then you know that there’s an app for practically everything, and post-divorce holiday shopping is not an exception. Buying gifts for friends and family can be fun, but there are a couple of downsides: you’re likely on a budget and when you’re buying for the kids, you want…

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Staying safe in the malls at Christmas

shopping mall interior

Shopping malls are chaotic places all year round, but during the weeks leading up to Christmas, The Mall at Bay Plaza and other locations are packed with holiday shoppers, increasing the risk of injury. Black Friday is especially notorious for causing injury and even death when too many bargain hunters converge on the same location…

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Common custody issues during the holidays

mother daughter present

One of the hardest—and most emotional—aspects of separation and divorce is child custody during the holidays. In many cases, it won’t be possible for your children to celebrate Christmas or Hanukkah with both parents. How can you keep the holidays special when only one parent is with them when they unwrap their gifts on Christmas…

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Yoga injuries in New York

women practicing yoga

If you walk through the streets of New York City, then you’ll inevitably run into someone in loose, comfortable clothing, headed for their favorite yoga studio with a rolled mat under their arm. Yoga has been acclaimed for its physical and mental benefits, but like most activities, there is always the risk of injury. In…

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Repossession vs. charge-off in bankruptcy

car and figure

When you take out a mortgage or car loan, you agree to repay the amount over time. If financial challenges become so steep that you end up having to file for Chapter 7 bankruptcy, the lender will usually do one of two things: take back the asset or charge off the debt. How is repossession…

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Who is liable in a single-vehicle accident?

car crash

Not all car crashes are between two or more vehicles. Many auto accidents involve a single vehicle and driver, which can raise questions of liability. The most common example is run-off-road crashes, which occur when a car leaves the roadway and goes into the ditch or collides with inanimate objects, such as trees, buildings, telephone…

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Can you lose family heirlooms in a New York divorce?

rhinestone jewelry

Family heirlooms are generally antiques or jewelry that have been passed down from one generation to the next. We cherish them because they make us feel connected to where we come from. That blue porcelain water jug in your bedroom? It once belonged to your great-grandmother, who used to wash her face with it before…

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Family of Neil Armstrong wins medical malpractice suit

astronaut on moon

In 2012, former astronaut Neil Armstrong died in an alleged case of medical malpractice. The 82-year-old had undergone cardiac bypass surgery in August and, according to leaked documents, experienced a tear when a nurse removed the wires from his temporary pacemaker, causing him to suffer internal bleeding. The staff at Mercy Health — Fairfield Hospital…

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Dealing with your first Thanksgiving after divorce

turkey

For families, Thanksgiving is one of the best times of the year. Everyone gets together around a dinner table heaped with roast turkey and all the trimmings, happy to put their smartphones away and enjoy a meal that has been a cherished tradition for generations. For some of us, this is one of the few…

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Can you lose life insurance proceeds in a bankruptcy?

LIFE INSURANCE POLICY text

When you take out a life insurance policy and make regular payments, the insurer will grant your beneficiaries a death benefit when you pass. Although this is the goal, if financial difficulties arise and you file for bankruptcy, you could risk losing some or all of the benefits to your creditors. There are two primary…

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Dangerous fads- vaping injuries in New York

man vaping

In August, the New York Times reported that an 18-year-old man had appeared in the emergency room of a Long Island hospital, complaining of dizziness, vomiting, and shortness of breath. When one of his attending physicians asked if he had been vaping, the young man firmly denied it. The patient’s brother, a police officer, wasn’t…

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In a New York domestic partnership? Learn about your rights here

man woman couple

While many couples continue to affirm their commitment to one another by getting married, others opt to enter into a domestic partnership. New York State defines a domestic partner as anyone who meets one or more of the following criteria: Enters into a legally-recognized domestic partnership Is registered as a domestic partner with their employer…

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Can the automatic stay ever be lifted in your Chapter 7 bankruptcy?

stop hand concept

When you file for Chapter 7 bankruptcy in New York, one of the biggest advantages is that the automatic stay protects you from most creditor actions such as collection agency calls, wage garnishments, lawsuits, foreclosures, and repossessions. The automatic stay is an injunction issued by the bankruptcy court. Once creditors are notified, even a lawsuit…

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Civil vs. criminal liability in a personal injury case

alcohol and car keys

Imagine that you are riding in a limousine through upstate New York, en route to a loved one’s fall wedding. Suddenly your driver realizes that he’s about to miss the turn leading to the chalet where the ceremony is being held. He hits the brakes, but the asphalt is still wet from this morning’s rain…

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Handling premarital debt in a New York divorce

timeline clock

When you get married, it legally changes your financial situation. Now everything you earn or acquire becomes marital property, unless a third party gifted or bequeathed something exclusively to you. When you intermingle your finances after marriage, how does it affect your debt liability? If your spouse has student loans, credit card debt, and other…

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Exemptions in Chapter 7 vs. Chapter 13 bankruptcy

DEBT

One of the biggest misconceptions about filing for bankruptcy is that you’re going to “lose everything.” A lot of people don’t learn the truth until they’re desperate enough to consult a bankruptcy attorney and learn that in New York, they can use state or federal exemptions to protect property up to a certain value. How…

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New York bill expands informed consent requirement for medical procedures

signature on document

Informed consent is one of the fundamental rules of medical ethics. As a patient, you have the right to control what healthcare procedures you undergo, but most laypeople lack in-depth medical knowledge, so your rights are protected by informed consent, meaning that you cannot fully consent to a procedure or treatment until you know enough…

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New York paternity laws

man and child

In New York, when a child is born to married parents, the presumption is that the husband is the legal father. When the parents are unmarried, it gets complicated. The law does not assume that the mother’s current boyfriend is the child’s father, and steps need to be taken before the putative father receives parental…

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3 common back to school injuries and how to prevent them

children at playground

We all know how unpredictable and accident-prone kids can be. They join their friends in the playground in the morning and come home covered in scrapes and bruises. When it’s time to go back to school, they’re extra-excited about seeing friends that they haven’t seen over the summer and resuming favorite after-school activities. Enthusiasm can…

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Can you modify your own custody agreement?

child custody concept

Technically, yes. But that doesn’t mean it’s a good idea. Once a New York family court has issued a custody order, you and the other parent are bound by its terms unless you apply for a modification, which is generally granted only if you can demonstrate that circumstances have changed significantly since the order was…

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Exempting household goods in bankruptcy

living room furniture

When you file for Chapter 7 bankruptcy in New York, your attorney will tell you that in exchange for having all dischargeable debt wiped out, you will have to surrender any nonexempt property to the trustee for sale and distribution to your creditors. How does this requirement affect your household goods and furniture? Will you…

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What recoverable damages are available in a New York personal injury case?

gavel stethoscope

If someone else’s negligent conduct caused you to be injured, you may be able to sue for compensation. Depending on the circumstances of the accident, a personal injury attorney could help you recover compensatory damages, which address past and projected economic losses, and punitive damages, which are intended to punish the negligent party and discourage…

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Is commuting bad for your marriage?

crowded subway train

No one likes sitting in traffic for hours at a time, but New Yorkers don’t typically have a choice. According to a 2017 survey, the average round-trip commute for those who work in the city comes to nearly 58 minutes. That’s around nine minutes longer than the national average of 49 minutes. Several studies confirm…

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Service dog attack injuries in New York

person and dog

In February 2018, a Southwest Airlines flight from Phoenix to Portland was delayed when a six-year-old girl attempted to pet another passenger’s emotional support dog and was left with a mark on her forehead. She was treated by paramedics and was able to fly, but the dog and its owner were not permitted to remain…

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Disputing information on your credit report

credit report

The Consumer Financial Protection Bureau reported that in 2016, the top source of consumer complaints was inaccurate credit reporting. When you’re trying to rebuild after bankruptcy, a defective credit report can be a major obstacle. Your credit rating dictates whether you will be approved for a credit card, personal loan, or mortgage and, if so,…

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Scarring injuries in New York

scar

Our self-esteem is tied closely to our appearance, which is why scars and other disfigurements that result from a catastrophic accident can be so devastating. Although plastic surgery can correct physical scarring to a certain extent, it can take months of medical treatment and psychological counseling to help you deal with what happened. Accidents that…

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Proving adultery in a New York divorce

wood people gavel courthouse figures

Last year, the New York Post ran an article revealing that Ashley Madison, the portal that connects cheating spouses, is as popular as ever despite a catastrophic data breach in 2015. The article stated that the company’s US revenue increased by 17% in 2016 and over half of its active users are female. Until 1967,…

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Adversary proceedings in bankruptcy

RECEIVED stamp

You file for bankruptcy to put your mountain of unsecured debt behind you, but it doesn’t always proceed smoothly. Although it’s not a routine happening, a dispute can arise regarding a debt that you included on the petition. Should this happen, you, your trustee, the creditor, or another party involved in the case can file…

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Spousal misconduct in a New York divorce

illustration man woman question marks

Your spouse was unfaithful to you for over two years, although you only learned about it a few months ago. You’re hurt, angry, and wondering whether her actions will have any impact on the outcome of the divorce. Will she lose her bid for custody of the kids? Receive less of the marital estate? Has…

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What is bankruptcy redemption?

credit card at terminal

When you file for Chapter 7 bankruptcy in New York, your lenders may try to reclaim any assets that you posted as collateral for a loan. However, Section 722 of the U.S. Bankruptcy Code allows you to keep this property by “redeeming” it, meaning that you pay the remaining debt balance or the current replacement…

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Can a criminal record affect your personal injury case?

fingerprint criminal

An estimated 70 million American adults have a criminal record. That’s almost one out of every three! The FBI regards anyone who has ever been arrested for a felony charge to have a record, even if they weren’t convicted. If you’re one of these people, then how does your record affect a personal injury case?…

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What is a divorce hangover?

sad woman

In 1991, a book came out called Divorce Hangover. It was about the emotional pain and turmoil that often accompanies divorce and suggested that like an alcohol hangover, it would eventually pass and leave you ready to cope with life again. The book acknowledged that divorce was a life-changing experience that aroused strong emotions like…

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Should you file for joint bankruptcy with your spouse?

man woman calculator bills

Married couples in New York have the option of addressing their debt burden by filing a joint bankruptcy petition. While this is a convenient way of eliminating debt incurred over the course of the marriage, it’s not a legal obligation. In fact, there may be times when separate filing is more beneficial. How joint bankruptcy…

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Marked for life: Tattoo parlor injuries

tattoo ink

Tattoos are so popular these days that entire magazines and websites are devoted to them. According to the History of Tattoos website, every year Americans spend $1.65 billion getting themselves inked. 70% of those who get a tattoo go on to get more than one and 20% get more than five. Although tattoos are trendy,…

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What is the “Dutch Reach” and how can it protect you from injury?

car bicycles and people in city

If you regularly ride your bike along New York City streets, then you know what moving cars are always a potential threat. They can stop without warning, make sudden U-turns at intersections, and swerve into your path without signaling first. Cars can even pose a danger when they’re parked, thanks to “dooring.” Dooring is an…

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Handling “back to school” as a divorced parent

woman and children back to school concept

Back-to-school season is stressful for parents as well as kids, but when you’re recently divorced, the challenges can be amplified. How will you split the cost of school supplies? Who will go shopping for them? Will both of you accompany the kids to the bus stop or drive them to school? The back-to-school transition is…

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Nail salon injuries in New York

manicure in nail salon

In 2015, the New York Times estimated that there are over 17,000 nail salons in New York City. Manicures and pedicures are beauty routines that millions of Americans obtain every week or month, but they can present health risks to their patrons when good business practices are not followed. Among the most common injuries experienced…

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What is foreseeability in personal injury law?

chest x-ray

A lot of elements come into play in personal injury cases. Concepts like causation, negligence, and duty of care all determine whether you are entitled to compensation for your injuries and financial losses. With some personal injury claims, an additional concept applies—foreseeability. Foreseeability refers to the issue of whether a reasonable person would have foreseen…

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Getting divorced? Here’s what you should know about insurance

figures in house and hands

If you’re in the process of divorce, then there are multiple demands for your attention. You’re talking to your spouse about child custody and support, sorting through marital assets, and separating your finances. There’s a lot to manage, but don’t let insurance fall under your radar. One area many divorcing couples overlook is life insurance.…

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No personal injury attorney will take my case!

papers clips

We are often contacted by people who say that they have consulted with multiple personal injury attorneys across New York and failed to find one who will take their case. They’re confused and wondering why each consultation ends with a polite, “No.” Let us start by saying that most attorneys genuinely want to help you,…

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Student loan debts in bankruptcy

woman with graduation cap and money bills

Last month, Business Insider ran a story indicating that student loan debt was driving a high number of bankruptcies. Citing a recent LendEDU study, it found that 32% of all consumers who file for Chapter 7 bankruptcy have a significant amount of student loan debt- on average, 49% of their liability was related to the…

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Personal injury law throughout history

old books legal history concept

Every year, hundreds (if not thousands) of personal injury claims are filed in courthouses all over New York State. Everywhere we turn, we see billboards, television commercials and online advertisements promoting law firms that promise to protect your rights and pursue your claim if you’re injured in a car accident or harmed by medical malpractice.…

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Can you read your spouse’s email?

woman at laptop

When you suspect your spouse of being unfaithful, it can be tempting to check their email, especially if you discover the password without their knowledge. You probably know that it’s an unethical thing to do, but are you aware that it might also violate federal law? One Chicago woman, Paula Epstein, put an auto-forward on…

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Attacked at an ATM? Who is responsible?

person with card at ATM

Today, practically everyone does their banking online. We pay our bills using a bank app or website, and when we need money, we head to the nearest ATM to enter a code and receive the cash. This practice may be routine, but it’s not always safe. A year ago this month, a 50-year-old man attacked…

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Driving in New York? Be careful on this roadway

highway with bridge overpasses

In December 2016, three people were killed and five injured in a multi-vehicle pile-up on the Cross Bronx Expressway. The accident, which closed all lanes for nearly six hours, occurred at around 5:45 a.m. near Jerome and Webster Avenues. A Ford pickup truck was caught between two tractor-trailers, crushing it and killing three men inside.…

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What lawsuits are not stopped by bankruptcy?

scales of justice head in cloud

When someone files a lawsuit against you, you may be tempted to declare bankruptcy, especially if it involves a debt you can’t afford to repay. While bankruptcy can stop a lot of creditor lawsuits, such as collection actions by credit card companies and mortgage providers, some proceedings are not impacted by the automatic stay. Below…

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Turbulence injuries: Who is responsible?

airplane seatbelt sign

On May 6, passengers on a British Airways flight from London to Tampa Bay, Florida, encountered a terrifying ordeal. A severe episode of turbulence caused the flight to drop without warning, causing several people to hit the ceiling. Video taken immediately afterward showed suitcases and other personal items scattered across the cabin while passengers stared…

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When should you delay your bankruptcy petition?

later on clock

If you’re thinking about filing for bankruptcy, your debt situation has probably reached crisis level. Perhaps your creditors are calling you on a daily basis, and one or more of them is threatening to sue you. Shouldn’t you see a bankruptcy attorney immediately and receive the protection of the automatic stay? In most cases, the…

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Bike sharing injuries in New York

bicycle lane

New York winters can be long and difficult, which is why we love summer. We can get from Point A to B without fighting the wind, snow, and freezing rain. Once the sidewalks and park pathways clear, we also start seeing the bright blue bikes offered by Citi Bike and other bike-share programs available across…

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Are your social media accounts an asset in bankruptcy?

social media concept

To most of us, social media accounts are recreational tools used to share life updates, photos, opinions, and other social commentaries. However, if you are a New York business owner declaring bankruptcy, then the Facebook, Twitter, and Instagram photos you use to advertise your products and services can be considered assets. In May 2015, a…

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Sealing your New York divorce record

boxes on shelves

Divorce has an uncanny way of bringing our most private circumstances to light. Even when the split is an amicable one, details like personal finances, a child’s special needs, and other intimate information take center stage so that they can be addressed and future plans made. Therefore, it’s an alarming thought that your family, friends,…

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New York State sues after OSHA eliminates workplace injury reporting rule

work injury claim form pen glasses

The Occupational Safety and Health Administration (OSHA) recently eliminated a 2016 rule that required companies with at least 250 employees to electronically submit annual reports on all worker injuries or illnesses. Its removal is being contested in court by New York, New Jersey, Illinois, Maryland, Massachusetts, and Minnesota. Businesses will still have to complete and…

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Post-bankruptcy discrimination—What you need to know

claim denied text

One of the many reasons why people hesitate to file for bankruptcy is that they worry about their life being impacted. While it’s true that you may encounter difficulties with renting an apartment, getting a car loan at a decent interest rate, and other undertakings that require a decent credit score, there are laws that…

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Examining the “gift defense” in Sclafani v. Sclafani

stock certificates

When a couple divorces in New York and cannot agree on how to divide marital property, the court will make a decision using the state’s equitable distribution laws. But before any dividing can occur, it has to identify separate vs. marital property. Separate property consists of assets and debts that belong to one spouse only…

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New York cottage food industry: Who is liable?

woman cooking

Home-cooked meals are supposed to be good for you, but New York has strict laws for those who want to run a business out of their kitchen. Homemade food can only be sold at food stands, farmer’s markets, and similar outlets, such as flea markets or agricultural fairs: selling online is illegal. “Cottage food industry”…

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What is a preference lawsuit in bankruptcy?

hundred dollar bills

Section 550 of the U.S. Bankruptcy Code allows a trustee to sue creditors to recover any payments made by a debtor within the 90-day period prior to their bankruptcy filing. These actions, which as known as preference lawsuits, apply to payments that were made: On a previously incurred (as opposed to current) debt While the…

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What is a “walkaway” spouse?

man taking off wedding ring from finger

When a couple divorces, it’s rare that both spouses make the decision together. In most cases, there is one person who has already gone through an “emotional” divorce and wants to make the split legal. They say they want to divorce, often to the shock and confusion of their partner. This individual is what is…

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Can an injured pizza delivery cyclist get workers comp in New York?

illustration man on scooter with pizza slice and city skyline in background

New York City pizza is legendary. One pizzeria in California actually pays $10,000 every year to import New York City water, claiming that it makes their dough taste better than local water. Delivering this divine pizza, however, can be one of the most dangerous jobs out there. Citing an estimate made by the Department of…

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What is a loan cramdown?

3 green arros pointing in

Sometimes you can find yourself so deep in debt that you owe more on your household goods, car, and other real property than they are worth. If this happens and you don’t want to risk surrendering these assets in a Chapter 7 bankruptcy, a then Chapter 13 may allow you to “cram down” these debts,…

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Prenuptial agreements made abroad: Van Kipnis v. Van Kipnis

landmark buildings with sun and water

If you draw up a prenuptial agreement in another country, will its terms be enforced in New York state? In 2008, the New York Court of Appeals answered this question in Van Kipnis v. Van Kipnis. Gregory and Claire Van Kipnis were married in Paris, France, in 1965. He was a U.S. citizen who had…

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Watch out for motorcycle injuries this summer!

Now that the weather is warmer, motorcycle owners are taking their machines out of storage, donning helmets, and hitting the road. Motorcycling is a great opportunity to get fresh air and enjoy the emerging greenery, but it can be riskier than driving a car. Motorcyclists are easy to miss visually because drivers are used to…

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Can you keep a credit card in a Chapter 7 bankruptcy?

hand holding credit card

If you’re thinking about filing for Chapter 7 bankruptcy, then you may be wondering if you can still keep a credit card. This concern is understandable. Credit cards appear to be essential if you want to rent a hotel room, a car and enjoy other benefits that are more difficult to acquire with cash or…

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Injuries on an overseas military base

two helicopters on ground

Many New Yorkers have civilian occupations with the U.S. military. Sometimes their job takes them overseas, where they carry out work on military bases or build structures under contract with the Department of Defense. These occupations are like any other in that injuries can occur. But if you are a New York construction worker injured…

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How to celebrate Father’s Day as a divorced dad

father holding child

Normally you look forward to Father’s Day, but if this is the first time you’ve celebrated it since your divorce, then you may be wondering how you’re going to manage. These feelings can be even more difficult if you are the noncustodial parent or you share custody but the kids live with their mom. Sometimes,…

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Manhole cover accidents in New York

manhole cover

The manhole covers that dot the streets of New York City are supposed to keep pedestrians and road workers safe, but they also cause injury every year. Now that snow and ice are melting to make way for spring, people walking or working around them should take extra precautions. Below is an overview of common…

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Starting a new business after filing for Chapter 7

loan paper with thumbs up figure

You may have filed for Chapter 7 because you lost your job or had your hours cut back at work and couldn’t find suitable replacement employment. Now you’re thinking about taking your financial future into your own hands by starting a new business. While there is technically nothing stopping you from becoming an entrepreneur after…

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How do New York courts divide marital property?

man and woman spliting house witnd children with rings

At one time, New York was a common law property state, meaning that all assets titled in the name of one spouse belonged to them after divorce. This created so many financial difficulties, especially for women who gave up careers to raise a family, that in 1980 New York passed the Equitable Distribution Law, which…

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Springtime injuries to watch out for

bicyclist

At the first sign of spring, we start making some lifestyle changes. The heavy winter clothing goes back in the closet for another year. If a destination is within walking distance, then the car stays home. Public parks become busier. Like winter, however, spring has dangerous conditions. There are accidents that appear to occur or…

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Safe driving tips for this Memorial Day weekend

seatbelt in car

The Memorial Day weekend is on the horizon. Whether you plan to stay in the city and catch the Soul Beach Music Festival or head up to your cottage in the Catskills, it’s essential that you stay safe while having fun. According to ValuePenguin, Memorial Day weekend is the major holiday weekend with the highest…

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Hearing loss injuries in New York

earplugs hard hat construction

Few things are more traumatic than losing your hearing. Along with vision, it is one of the senses that allows you to experience the world and live life to the fullest. When you lose this precious ability due to the reckless or negligent conduct of someone else, you have the right to file a personal…

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New York’s equitable distribution law explained

marriage rings

When you divorce in New York today, Domestic Relation Law Section 236 requires the marital estate to be divided equitably. In this sense, “equitable” means fair as opposed to equal, although New York family court judges strive to divide assets in a manner that gives each spouse what they need to pursue an independent life…

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Retaliation for filing a workers’ compensation claim

roofer painting

When you are injured on the job or develop an occupational illness in New York, you are entitled to workers’ compensation benefits that address your medical bills and pay you a weekly amount based on the degree of your disability and how much you were earning before you were injured. Unfortunately, many injured workers refrain…

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Filing for bankruptcy while unemployed

unemployed concept, people sitting in line

Research suggests that next to high medical bills, job loss is the most common reason why Americans file for bankruptcy. If they are unable to find work before their emergency funds and COBRA insurance coverage runs out, then they face relentless payment demands from their mortgage issuer, auto loan provider, credit card issuer, and other…

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Enforcing marital agreements in New York: Matisoff v. Dobi

agreement shaking hands

There are different types of marital agreements in New York state, including divorce settlement agreements, marital separation agreements, and stipulations of settlement. What they all have in common is that their contents must valid by statute if the parties want to enforce them. This condition was confirmed by the New York Court of Appeals in…

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Does daylight saving time really cause more accidents?

clock move forward

Although Germany has been credited with being the first nation to institute daylight savings time, the Canadians became the first people to use DST when the people of today’s Thunder Bay, Ontario, turned their clocks forward one hour on July 1, 1908. The concept was not universally adopted until April 30, 1916, when Germany and…

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What is the Rule 2004 examination in bankruptcy?

calculator pen spreadsheet

Most bankruptcies in New York go smoothly. If your trustee or one of your creditors has questions or concerns, then they are generally raised and resolved during the meeting of creditors. In some rare cases, a party seeking additional information will file a motion for a Rule 2004 examination. The Rule 2004 examination explained Debtors…

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The Majauskas Formula and retirement plans in divorce

pension written on bag with money and calculator

If you are filing for divorce in New York and have a retirement plan or are eligible for a pension, then you will almost certainly hear the term “Majauskas Formula” during your case. A 1984 New York State Court of Appeals case titled Majauskas v Majauskas established the right of one spouse to the other’s…

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Are you a government employee injured on the job? Learn about FECA

helicopter and signal man at work

In New York, most workplace injuries are covered by state workers’ compensation laws. Federal employees, however, are covered by a different law when they are injured on the job. If you slip and fall, are struck by a falling object, or suffer any kind of injury while carrying out duties related to your government job,…

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Bad faith in involuntary bankruptcy

United States Bankruptcy Court sign on wall

You’ve heard about how bad faith on the part of a debtor can impact their bankruptcy filing. When they are motivated by anything other than unmanageable debt and the desire to start over, the court can dismiss their case. However, there are also cases where creditors can act in bad faith, particularly when they force…

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Allergy injuries in New York

peanuts

It’s a snowy day in New York City, so after a round of shopping, you and your friend decide to head to a newly opened cafe in Midtown for coffee and a snack. When you tell the server that you’re allergic to hazelnuts, he recommends a pastry that the menu board advertises as being nut…

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Who gets the air miles in New York divorce?

air miles card and plane

When you file for divorce in New York, all property acquired during the marriage is subject to equitable distribution, meaning that you divide it in a way that’s equitable, or fair. Until relatively recently, this property was mostly money, real estate, assets like cars, furniture, and jewelry, and even businesses. These days, it’s different. Thanks…

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Snowstorm injuries in New York

snow in New York City

For more than 24 hours, New York has been fast in the grip of a fierce northeast snowstorm. Ten inches of snow fell in the 24 hours ending 8:00 a.m. today… In Broadway and all the avenues and cross-streets… the snow was piled six feet high (and) transit in the remote sections of Brooklyn was…

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Voluntary vs. involuntary bankruptcy- what’s the difference?

money in bankruptcy

When you think of bankruptcy, you probably imagine an indebted person or business owner visiting a bankruptcy attorney’s office and filing a chapter that is best suited to their circumstances. While this is the most common way to file, it’s not the only one. There are actually two types of bankruptcy in New York: voluntary…

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Decluttering after divorce

clutter in house

Decluttering is challenging in the best of times, but tackling your home in the wake of divorce can be especially hard, not to mention emotional. Where do you start dividing the remnants of your married life? How do you transform your home from a marital nest into a single person’s abode when you can’t afford…

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Multi-vehicle car crashes- who’s at fault?

traffic crash

On January 30, the New York State Police were called to a multi-vehicle crash and pileup on I-90 near Batavia. The incident, which occurred during a snow squall and involved 21 vehicles (including semis), left one trooper with minor injuries. Earlier that day, a chain-reaction crash in Wyomissing, Pennsylvania, damaged 27 vehicles and left 24…

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Common law marriage in New York

living together in hosue concept

New York abolished common-law marriage in 1933, and other states soon followed suit. Today, only a dozen or so states recognize common-law relationships. They include Texas, Utah, Montana, and Rhode Island. This division raises some important family law questions. If you and your spouse had an officially-recognized common-law marriage in Texas (for example), and you…

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What is a debt collector?

debt collection

Many clients who file bankruptcy with our office have received notices in the mail or calls by phone that their debts have been purchased by a debt collector. A few of the most common agencies are: Midland Funding Asset Recovery Systems (ARS) United Collection Bureau (UCB) Cavalry Portfolio Services Many clients have many questions about…

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Can interns get workers’ compensation in New York?

Intern Job

New York university and college students participate in internships to acquire practical experience and a better understanding of the industry in which they would like to work after graduation. None of them hope that their experience will include a personal injury, but like regular salaried workers, interns can be hurt on the job. Employers in…

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Expert witness testimony in a personal injury case

expert witness at accident trial and lawyer

If you file a personal injury claim after an accident in New York, then the witnesses called to support your case can make a pivotal difference in the outcome. Witnesses to the accident can provide relevant testimony that supports your version of how it happened, who appeared to be at fault and any visible damages…

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Mistakes to avoid when filing for bankruptcy

financial mistake

When you approach the bankruptcy process from an honest and informed perspective, you have an enviable opportunity to eliminate a crushing debt load and start over. Unfortunately, too many debtors are dishonest or uninformed, causing them to risk dismissal of their case and, in some cases, charges of bankruptcy fraud. Before you file, make sure…

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What about distracted pedestrians?

distracted pedestrian on phone

On any given day, you’ll see thousands of distracted pedestrians on the streets of New York. They’re texting, listening to music, checking Facebook, or indulging in some good old-fashioned daydreaming. There are so many of them that they now have a unique name: “petextrians.” On the surface, this practice seems harmless enough, but when people…

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Valentine’s Day after divorce

valentines day shirt - proud to be single

Valentine’s Day is just around the corner, and for the first time in years, you’ll be single. You try to tell yourself that it doesn’t matter, that the entire day is just an overblown social ritual, yet you suspect that you will be either buying a ticket for the Anti-Valentine’s Party in Brooklyn or avoiding…

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How are inheritances treated in bankruptcy?

last will and testament for an inheritance

You filed for bankruptcy in New York, and now you’ve heard that an aunt has made you one of the beneficiaries of her sizable estate. You haven’t received your discharge yet, so how much of that money will you be allowed to keep? It’s a question anyone would ask when they receive an inheritance in…

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What is the collateral source rule?

car accident scene

The collateral source rule is a legal principle that prevents someone from recovering compensation twice for the same damages. In other words, the goal is to stop someone from “double dipping” at a defendant’s expense. Let’s look at a hypothetical example. You were rear-ended while driving home on the Cross Bronx Expressway and hurt your…

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What is a “no-asset” Chapter 7 bankruptcy?

exempt

The month of January can be a difficult time for financially for anyone. They may have acquired even more debt due to holiday spending and are reaching the point where they have to choose between paying the rent and paying their credit card bill. People stuck in this situation may benefit from Chapter 7 bankruptcy.…

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Falling ice injuries in New York

icicles

When you see a huge icicle hanging off the edge of a tall, stately building, you can’t help but be awed. There’s a certain frozen majesty about them, and some icicles look like they belong on a snow-themed movie set instead of Lower Manhattan or the Bronx. Unfortunately, large icicles can be just as deadly…

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