Troubling Trend or Aberration article by WFR The attached is an article recently published in The Reporter for New York State Association of School Business Officials written by William F. Ryan, Jr. The article addresses the abolition of the school business official position.
In Black Riv. Plumbing, Heating & A.C., Inc. v Bd. of Educ. Thousand Is. Cent. Sch. Dist., ___AD3d___, 2019 NY Slip Op 06321 [4th Dept 2019]), a contractor alleged that it was wrongfully terminated and sought to recover the value of its unpaid work. In opposition, the owner claimed that the work was defective and [...]
Intentions to disinherit in connection with the making of wills are not uncommon. Disinheritance circumstances give rise to acrimony and much litigation. In many cases, children and family members often find themselves dealing with these circumstances. Clients planning their estates often are confounded with how to deal with a formed intention to cut someone out [...]
In a proceeding under Mental Hygiene Law Article 81, the alleged incapacitated person (“AIP”) is served with a petition alleging that she is incapacitated and requires a guardian. If the AIP disputes the allegations and objects to the guardianship, she should exercise her right to engage legal counsel to defend (see MHL § 81.10). At [...]
As explained in our prior post from May, the high standard imposed on a fiduciary creates a low burden for a party to contest the fiduciary’s accounting. Thankfully, the fiduciary may move for summary judgment to dismiss objections that ultimately turn out to be meritless. But what happens when the opposing party questions the reasonableness [...]
Many trust, estate and probate litigation cases in New York are engendered by divorce. The great wealth transfer (https://blog.trklaw.com/the-great-wealth-transfer/) presumably will grow the trend of estate related disputes arising from circumstances of divorce. There are many reasons why the dissolution of a marital relationship can cause estate litigation. Wealth and emotion often are the primary [...]
I recently read an article on People.com about a poor young man who became “Lord of the Manor” after DNA proved he was the heir of a wealthy British aristocrat (https://people.com/human-interest/care-worker-inherits-60-million-english-estate-dna-test/). This got me wondering what happens in New York when a non-marital child shows up after the parent is deceased and demands his inheritance. [...]
Q. What skills should an Estate Litigation Attorney possess?A. An estate litigation attorney is required to know the law in several critical areas. First, it is mandatory that the attorney fully understand the law pertaining to the making of a valid will or trust, as that is often the heart of the contest. An estate [...]
In 1981, Tom Petty and the Heartbreakers released the album Hard Promises, containing the single: The Waiting. In it, Tom sings, “oh baby don’t it feel like heaven right now? Don’t it feel like something from a dream? Yeah, I’ve never known nothing quite like this”. Tom’s lyrics uncannily describe an opposite reality of the [...]
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 [...]