Farrell Fritz, P.C.

Headquartered in Uniondale, NY, Farrell Fritz provides legal services to corporations and individuals throughout, and beyond, the New York metropolitan region. Our more than 80 attorneys in four offices have built a reputation of excellence in client responsiveness and communication in a diverse range of practice areas.

Since our founding in 1976, our mission has remained steadfast–to bring success to our clients, service to our community, and honor to our profession.

Farrell Fritz, P.C. Blogs

All About eDiscovery

Federal Government Civil Litigation

Long Island Land Use and Zoning

New York Business Divorce

New York Commercial Division Practice

New York Health Law

New York Trusts & Estates Litigation

New York Venture Hub

Tax Law for the Closely Held Business

Blog Authors

AB C D E F G HIJK L MNOPQR S T U V WXYZ

John C. Armentano

LI Land Use and Zoning

Latest from Farrell Fritz, P.C.

New York Trusts & Estates Litigation

The Remedy of Eviction in the Surrogate’s Court

By Ilene Cooper

April 19, 2021

When thinking of the Surrogate’s Court, jurisdiction over eviction proceedings does not normally come to mind. Yet, over the past 18 months, the Surrogates of New York and Bronx counties have found cause to order an eviction from estate or trust property in order to facilitate its sale. Consider the following: In In re Jenkins, 2020 NYLJ LEXIS 1723, the Surrogate’s Court, Bronx County, was confronted with an application, characterized as the equivalent of…

New York Business Divorce

The Money’s There But Out of Reach for the Minority LLC Member

By Peter Mahler

April 19, 2021

Of late I’ve been ruminating on New York’s membership in the shrinking pool of states that don’t recognize oppression of an LLC minority member by the controlling members or managers as ground for judicial dissolution. The point indirectly was brought home by Professor Daniel Kleinberger’s recent article for the ABA’s Business Law Section in which he dissects last year’s decision by a Connecticut appellate panel in Manere v Collins interpreting that state’s Revised Uniform LLC…

Long Island Land Use and Zoning

Second Department Affirms Limits on Site Plan Determinations

By John C. Stellakis

April 19, 2021

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This month, in Gershow Recycling of Riverhead v Town of Riverhead, 2021 NY Slip Op 02156 [2d Dept 2021], the Appellate Division, Second Department, affirmed the motion court’s decision granting an Article 78 petition to annul the denial of a site plan amendment application. The motion court and the appeals court held the denial exceeded the scope of delegable power under the then-applicable Town Code and N.Y. Town Law Section 274-a, and remanded…

New York Venture Hub

Issuers May “Test-the-Waters” Before Choosing a Securities Exemption

By Alon Y. Kapen

April 18, 2021

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Perhaps the most vexing threshold issue faced by any company considering a capital raise is which securities exemption to pursue. The chosen exemption largely depends on the targeted amount of the raise, as well as the manner in which potential investors will be solicited and the type of disclosure to be provided. But this presents a capital-raising Catch 22 for issuers: you can’t know for sure how much can be raised and from whom without…

New York Health Law

New York Doubles Down on Telehealth

By Mark Ustin & Dannielle Melendez

April 15, 2021

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As policymakers have responded to the COVID pandemic, they have implemented a variety of changes that create tremendous opportunities in the post-COVID world. Perhaps the most significant of these is in the area of telehealth. The remote delivery of healthcare and health-related services has tremendous implications for patient access to care and quality of outcomes, and stakeholders across the country are actively examining how best to leverage telehealth technology to achieve those goals. Nowhere is…

All About eDiscovery

When Does My Duty to Preserve End?

By Kathryn Cole

April 15, 2021

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Generally, a litigation hold letter* will issue to preserve documents and information potentially relevant to a reasonably anticipated lawsuit. However, when does one’s duty to preserve potentially relevant documents end? Unfortunately, the answer is not necessarily when the litigation ends. Indeed, a recent decision out of California reminds us there may be instances when one’s preservation obligations are ongoing, even after a litigation is dismissed (Thomas v. Cricket Wireless, LLC, 2021 WL 1017114 [N.D. …

New York Business Divorce

Unsigned, Non-Final Operating Agreement Trumps Conflicting Testamentary Bequest of LLC Interest

By Franklin C. McRoberts

April 12, 2021

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Ten months ago, we wrote about an unusual case involving an LLC member who documented two irreconcilable membership interest transfers upon death. In Harris v Harris, 2020 NY Slip Op 31570(U) [Sup Ct, NY County Apr. 23, 2020], the deceased LLC member, Steven, had a written operating agreement conveying a life estate of his membership interest to his wife and, upon her death, to their daughter (hereinafter “Family Number One”). Symmetrically at odds with…

Long Island Land Use and Zoning

New York’s Cannabis Law Legalizes Adult Recreational Use but Permits Local Governments to Ban Retail Sales and On-Site Consumption

By Anthony S. Guardino

April 12, 2021

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After several stalled attempts, New York State became the 16th state to legalize recreational cannabis (marijuana) use. This occurred on March 31, 2021, when Governor Andrew Cuomo signed the “Marijuana Regulation and Taxation Act” (S.854-A/A.1248-A) that was passed by the legislature the night before. The stated intent of the law is to regulate, control, and tax cannabis in order to generate significant new revenue, increase employment, create new industries and strengthen New York’s…

New York Commercial Division Practice

Mandatory Settlement? Close, But Not Quite.

By Jay Sawczak

April 9, 2021

In December 2020, the New York Law Journal commented on the measures the New York State court system would enact to handle the recent $300 million budget cut. These measures included “adopting a strict hiring freeze, deferring raises, suspending countless programs, and declining to extend the judicial service of 46 retired trial and appellate judges.” This was a difficult decision to be sure, but the alternative could have been catastrophic: the layoff of over 300…

New York Business Divorce

On the Menu: Steak and Equitable Dissolution

By Peter Mahler

April 5, 2021

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Fine dining and business divorce crossed paths in a recently decided case featuring a lengthy battle between co-equal ownership factions of the corporation that operates Delmonico’s, the renowned Manhattan restaurant established in the early 19th century and famous for its signature dish, the Delmonico steak, among other dining firsts. Delmonico’s can now lay claim to another first, though not of the edible kind. Last month, a New York Supreme Court judge of the Manhattan…

Farrell Fritz, P.C.

Farrell Fritz, P.C. Blogs

Blog Authors

The Remedy of Eviction in the Surrogate’s Court

The Money’s There But Out of Reach for the Minority LLC Member

Second Department Affirms Limits on Site Plan Determinations

Issuers May “Test-the-Waters” Before Choosing a Securities Exemption

New York Doubles Down on Telehealth

When Does My Duty to Preserve End?

Unsigned, Non-Final Operating Agreement Trumps Conflicting Testamentary Bequest of LLC Interest

New York’s Cannabis Law Legalizes Adult Recreational Use but Permits Local Governments to Ban Retail Sales and On-Site Consumption

Mandatory Settlement? Close, But Not Quite.

On the Menu: Steak and Equitable Dissolution

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