The Supreme Court, Appellate Division, Third Department, issued its decision today affirming the lower court’s decision granting a preliminary injunction to various property owners who are challenging the imposition of fines for short term rentals. The property owners are represented by Tabner, Ryan & Keniry, LLP ( William F. Ryan, Jr. and Brian M. Quinn [...]
Excluding A Parent From Sharing In A Child's Estate- Back Again! In our first writing on this subject we committed to following Matter of Martirano, 2019 NY App Div LEXIS 3716 (3d Dept 2019), if it made its way to the Appellate Division. In a nine page Memorandum and Order dated May 9, 2019, the [...]
Summary Judgment in a Contested Accounting Proceeding- Disposing of Meritless Objections Courts often use the term “punctilio of honor” to describe the high level of care and attention required of a fiduciary. The fiduciary must always act cautiously and carefully. But even the most careful fiduciary may still encounter an objection to her actions. There [...]
Renunciation Of An Inheritance Part 1
Most people welcome receiving an inheritance, but there are times when an inheritance causes problems for the beneficiary. Some beneficiaries want to avoid receiving their inheritance for tax purposes, while others may want to avoid paying a creditor. “Motives or reasons for the renunciation have no bearing on this statutory right, as long as no [...]
Renunciation Of An Inheritance Part 2
What happens when a person renounces a bequest? Filing a renunciation has the same effect with respect to the renounced interest as though the renouncing person had predeceased the testator unless a provision relating to a possible renunciation is included in the will. In other words, if you decide to renounce your bequest, you will [...]
Renunciation Of An Inheritance Part 3
Unintended Consequences of Renunciation One issue to note is that renunciation can negatively impact a distributee’s eligibility for Medicaid benefits or other public assistance. In assessing need and eligibility, the Department of Social Services will consider any financial asset or resource the applicant may immediately or potentially have available. Courts have held that a recipient [...]
How the "Sole Benefit" Rule Frustrates Supplemental Needs Trusts Floyd Brown was charged with murder in 1993. Found incompetent to stand trial, he was sentenced to a psychiatric institution. In 2007, after fourteen years of confinement, he was exonerated. The appellate judge held that the lone piece of evidence, an elaborate six-page confession, was entirely [...]
JANUS: What Happen’s Next by William F. Ryan, Jr., Esq.
William F. Ryan, Jr., Esq. from Tabner, Ryan & Keniry, LLP wrote a piece in The Reporter for the Association of School Business Officials of New York. Mr. Ryan highlights the facts of the Janus decision and what it means for municipal employers. Click the link below to view the article. Contact us or comment [...]
Acquisition Deal
Congratulations to business litigation lawyers William F. Ryan, Jr. and Keith M. Goldstein for their superior advice in a multi-million dollar acquisition between Purshe Kaplan Sterling Investments, as seller and Wentworth Management Services, LLC, as purchaser. Read the details concerning the acquisition by clicking here.
TRK Whistleblowers
Judge Orders Mt. Sinai Hospital to Settlement Conference in Whistleblower Case. On May 16, 2017, Judge Richard M. Berman, of the United States District Court for the Southern District of New York, issued a decision and order in a healthcare fraud whistleblower case against New York City - based Mount Sinai Hospital, denying, in part, [...]