Over the past 10 years, Surrogate’s Court judges across the state have made a series of decisions dealing with the discovery proceedings and “reverse” discovery proceedings under the Surrogate’s Court Procedure Act (SCPA) that provide valuable guidance on how the statutes are being interpreted and how attorneys should develop strategies on behalf of their clients. Continue reading
Month: July 2015
Bashian & Farber Support LGBT Community
On June 6, 2015, the LOFT LGBT Community Center of Lower Hudson Valley held its annual Pride celebration in White Plains at the Memorial United Methodist Church which was attended by hundreds of participants. Bashian & Farber was proud to support this event by hosting a booth to provide those in attendance with information regarding a broad range of legal issues including those specifically pertaining to the LGBT Community, including changes in the law pertaining to marriage and protections against discrimination.
James Hyer, who is a partner at Bashian & Farber, is also on the Board of Directors of the LOFT and noted, “This yearly event is always such a great opportunity to come together to support LGBT Rights and I’m delighted that Bashian & Farber once again was able to support this event.”
Bashian & Farber is one of a handful of Law Firms practicing in the Hudson Valley which has dedicated a portion of its practice to serving the LGBT community by maintaining a firm base of knowledge of the specific laws and developments and case decisions which affect the LGBT community as it evolves.
Bashian & Farber Sponsors Veteran’s Day event at the VA Hospital
On Veteran’s Day, Paralegal Caitlin Baranowski, Legal Assistant Elizabeth Troyano and James L. Hyer, Esq., attended an event sponsored by Bashian & Farber, LLP, at the VA Hospital in Montrose, NY. The event provided Bingo games, prizes, and refreshments to elderly veterans living in the senior center. The firm sponsored and assisted the Westchester County Bar Association with this event to thank the men and women who have served in our nation’s armed forces.
Bashian & Farber hosts Booth at the Fair & Affordable Housing Expo
The Fair & Affordable Housing Expo, attended by hundreds of people from throughout the Hudson Valley, this Expo aimed to educate the public regarding housing issues. Various workshops offered information on first-time home purchases, financing the purchase of a home, housing discrimination, and other relevant topics. Participants also had the opportunity to speak to professionals involved in different housing issues. Bashian & Farber hosted a booth at the event to discuss legal issues related to all aspects of home ownership, including real estate transfers, housing discrimination, and landlord-tenant matters. James L. Hyer, who is a member of the Board of Directors of Westchester Residential Opportunities, Inc., reported, “One of the essentials of being a professional is providing service to the community and I am proud that our firm could be part of this important event.”
Bashian & Farber Participates in the New York State 2015 High School Mock Trial Tournament
The New York State Bar Association, Westchester County Bar Association and Pace Law School collaboratively held the New York State 2015 High School Mock Trial Tournament last month. Students were provided with materials including rules of procedure, evidence and pleadings, pertaining to a fictitious case wherein they were assigned to represent one of the parties. Bashian & Farber was pleased to support the event by having James L. Hyer serve as a competition judge at the Westchester County Courthouse. Following the mock trial, Mr. Hyer noted that “It was remarkable to see how prepared the students were and they had worked to develop their advocacy skills. I can’t wait to participate again next year.”
Contemptible: Enforcing Money Judgments in Surrogate’s Court
By: Gary E. Bashian
“JUDGE: Are you trying to show contempt for this court?
MAE WEST: I was doin’ my best to hide it.”
― Mae West.
It seems to be undeniable that litigation in New York is on the rise. Market volatility, unemployment, ever increasing medical, healthcare, and living costs, the reasons for this explosion in litigated matters of all kinds are innumerable. The confluence of political, economic, and social turmoil that has made headlines across the globe over the past several years, and which has been felt especially hard here in New York, have prompted a downward pressure that has undeniably fueled this litigation boom.
Summary Judgement Motion in a Will Contest: An Updated Proponent’s Perspective
By: Gary E. Bashian, Esq.
A motion for summary judgment, pursuant to CPLR § 3212 or § 3211, is a powerful procedural tool that can end litigation immediately.
Summary judgment can deliver a swift and decisive victory on the outcome of a matter. It can limit the issues, or award the broadest types of relief by ending all claims. When granted, it can avoid years of potential litigation and expense.
But for all of its versatility, drafting a motion for summary judgment can be a daunting and complex undertaking. The facts (hopefully none in question), and the applicable law in every matter can make it difficult to identify issues with no triable issue of fact. Communicating them clearly to the Court so as to show that summary judgment should be granted is the challenge.
“Death Bed” “Quickie” Marriages Held to be Void Ab Initio by Appellate Division
Elder abuse, including the financial exploitation of elderly individuals, especially by non family members, who have become mentally incapacitated is an unfortunate and growing problem in our society. The unique vulnerabilities of those abused, the easily overlooked evidence of such abuse, and the sometimes invisible nature of the abuse itself, make this a difficult issue to both recognize and address, even by those closest to its victims. This abuse, compounded by individuals seeking to profit from their abuse and seemingly statutory loopholes allowing them to do so beckoned judicial intervention.
Revoking a Waiver and Consent Is Not As Easy As You Think
American author Alfred A. Montapert once said that “nobody ever did, or ever will, escape the consequences of his choices.” That statement holds true in the field of trusts and estates, in particular when it comes to the execution of a waiver and consent in a probate proceeding. As this article will show, a party to a probate proceeding must exercise care in signing such a document, as it carries with it powerful consequences that cannot be easily undone.
Court of Appeals Rules there is Privity between the Estate Planner and the Client’s Personal Estate Representative: But no Privity to Beneficiaries of the Estate
The traditional protection from legal malpractice claims afforded Estate practitioners by the doctrine of Privity has been relaxed by a recent New York Court of Appeals decision.
In the Estate of Saul Schneider v Finmann[i], a unanimous Court of Appeals has ruled that a personal Estate representative “stands in the shoes of the decedent,” and therefore has “the capacity to maintain a malpractice claim on the Estate’s behalf[ii].”