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October 2015 Archives

Bashian & Farber Sponsors the Music Conservatory of Westchester Jazz Brunch

On, Sunday, October 4, 2015, Bashian & Farber., LLP, sponsored the Music Conservatory of Westchester Jazz Brunch which was held at the Larchmont Shore Club.  Bashian & Farber, LLP, partner, Gary E. Bashian, Esq., has served as a member of the Board of Directors of the Music Conservatory for many years and was proud to participate in this event which honored Harold Jones, who had served as a teacher at the Music Conservatory for 49 years.  The firm is also happy that so many of our friends and colleagues were able to join us at this event. 

What to Expect When Purchasing Residential Real Estate

 One of the most stressful decisions that individuals can make during their lives is the purchase of their first home. As buying a home is likely one of the largest purchases in a person’s life, the financial stress can be daunting and this pressure can be amplified if the purchaser lacks knowledge regarding the home-buying process. Knowing what to expect during this process can significantly reduce the anxiety that may accompany the purchase of a first home. Although real estate transactions can be complex, the following major steps can be expected by a purchaser:  

Disinheriting a Spouse: Rules and Limitations in New York State

 An engraving created in 1894 by the artist Walter Dendy Salder called "The New Will: Everything to My Wife Absolutely!" vividly portrays an older man of wealth who has married a younger woman visiting an attorney to prepare their estate planning documents. The engraving stands for the assumption that a spouse would want to leave the other their entire estate. In reality, this is often not the case. There may be many reasons why one spouse may decide not to leave their entire estate to the other. Perhaps one spouse is on a second or third marriage and would like to leave a portion of their assets to

Winning a Contested Probate Proceeding

By: Gary E. Bashian, Esq.When one thinks of Surrogate’s Court litigation,contested probate proceedings immediately come tomind. While each of the objections to probate present unique challenges for any advocate, an objection based on a decedent’s lack of testamentary capacity can be particularly difficult.However, it should come as no surprise that medical records are often the evidentiary key to establishing

Top Five Areas of Concern about the New Statutory Short Form Power of Attorney

By: Gary E. Bashian, Co-Author Prior to September 1, 2009, New York’s power of attorney form was simple to fill out and could be bought in local stationery stores without the need to go to an attorney. However, tabloid-worthy horror stories of agents misusing their power to steal from the aged and infirm led the legislature to react—and some might say overreact. A sweeping new financial-powers law took effect in New York on September 1, 2009, and it has created some unintended traps for residents.

Column: Noncompete agreements: An effective tool to protect business interests

by James Hyer

Millions of dollars are lost each year through the theft of trade secrets that companies labor tirelessly to develop. One effective tool that may be utilized by companies to safeguard against “commercial piracy” is a noncompete agreement. If properly drafted, a noncompete agreement can prevent significant financial losses attributable to exploitation of private proprietary information or unfair competition by former employees.

The Basics of an Enforceable Prenuptial Agreement

“A lot of people have asked me how short I am…Since my last divorce, I think I’m about $100,000 short!”
  • Actor Mickey Rooney
 With divorces on the rise in the United States and nearly half of all marriages ending in divorce, Prenuptial Agreements should be considered as a way to prevent the financial devastation caused by a protracted, costly divorce. While the decision to proceed with a Prenuptial Agreement is the first step, the second step

Order Entered in Favor of Bashian and Farber, LLP Client Compelling Discovery

 In litigation, effective legal representation can make the difference between winning or losing a case, and the process of obtaining discovery from the opposing party is vital for a client to review relevant documents, statements or other evidence which may be used at trial by the adversary. On September 29, 2015, in the case of Gutierrez v. Berlin, pending in New York County Supreme Court, Bashian & Farber, LLP., was able to obtain a Decision and Order from the Court directing the opposing party to produce discovery which it had failed to provide. By artfully drafting a Motion on behalf of our client, and engaging in effective oral argument before the Court, the Judge agreed that the opposing party had defaulted in producing discovery and compelled the party to do so, and entirely denied a Cross Motion which had been filed by the opposing party.At Bashian & Farber, LLP, we fight at every step of the litigation process to ensure that our client’s rights are protected and that we take every action necessary to reach our client’s objectives.

Loss of Earning Capacity in the "Better than Before" Client

             Proving loss of earning capacity can be troublesome, particularly when the client has a partial permanent injury, but makes more money after the accident than before, and is able to function at work, home, and play without any apparent disability.  These include injuries such as partial loss of peripheral vision, loss of one kidney, scars, loss of spleen, etc.While these injuries are permanent, the injured client can continue to function at full capacity in his/her vocation.  Damages for loss of earning capacity are much more difficult to prove in these types of cases because

The Nightmare of Section 487

 Most lawyers are generally familiar with the standards of practice, departures from which make them vulnerable to claims of legal malpractice.*  Unlike their bretheren in the medical profession who have felt under attack for decades from lawyers who sued them for medical malpractice, leading to a nationwide effort for tort reform, because lawyers in essence make up the rules, they have been insulated from the kind of “crisis” affecting the medical field.  But life is long, the wheel turns, and Judiciary Law §487 promises to make life as a lawyer more uncomfortable than any doctor ever felt.

Obergefell v. Hodges: Raising Issues of Judicial Civility

 In the wake of Obergefell v. Hodges[i], the landmark decision rendered by the Supreme Court pertaining to how marriage is defined within our country, we must examine the need for judicial civility raised following the decision, particularly the dissent of Justice Antonin Scalia. Justice Scalia’s dissent runs afoul of the rules of civility and professional responsibility which have been adopted in the State of New York, setting a dangerous precedent for Justices of the Supreme Court. Without question, the issue of same-sex marriage has divided our nation and debate regarding marriage equality will continue for many years. Nevertheless, it is vital that those within the judiciary adhere to the standards of civility and conduct and that any decisions rendered from the bench not only rely upon the rule of law, but also respect both individual litigants and society at large with whom they may disagree.
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