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

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Latest from Farrell Fritz, P.C.

New York Commercial Division Practice

Think Before You Speak: Words and Actions Can Bind You Beyond The Terms of a Previously Agreed Upon Subcontract Agreement

By Sonia A. Russo

January 24, 2020

Our parents taught us to think before we speak. That lesson is especially important when words or conduct could cost you hundreds of thousands of dollars beyond what was previously agreed upon in a subcontract agreement. In a recent case before Justice Andrea Masley, Corporate Electrical Technologies, Inc. v. Structure Tone, Inc. et al., Plaintiff Corporate Electrical Technologies, Inc. (“CET”), a subcontractor, was hired by Structure Tone, Inc. (“STI”), a general contractor, to perform…

New York Venture Hub

Proposed Expansion of “Accredited Investor” Definition Would Benefit Issuers and Investors

By Alon Y. Kapen

January 21, 2020

The Securities and Exchange Commission is proposing to expand the definition of “accredited investor” to include additional entities that could bear the economic risks of investment and certain financially sophisticated persons irrespective of income or wealth. The Commission’s main objective is to identify more effectively institutional and individual investors that have the knowledge and expertise to participate in private capital markets and thus do not need the protections of registration. If adopted, the proposed expansion…

Tax Law for the Closely Held Business

When Limited Liability Yields To Transferee (Personal) Liability

By Lou Vlahos

January 20, 2020

“Limited Liability” The experienced or well-informed investor recognizes that there is an element of risk in every business venture. They understand that the cash or other property they have contributed to the venture may be lost for any number of reasons – an economic downturn, a very competitive industry, the incompetence of officers, an adverse decision by a court or administrative agency, etc. Although the loss of one’s investment will likely cause some economic pain,…

Long Island Land Use and Zoning

When it Comes to SEQRA, Reasonable Agencies Are Allowed to Disagree

By Philip A. Butler

January 20, 2020

In SEQRA litigation, there is an oft-quoted proposition that the Lead Agency may not abdicate or defer its responsibilities under SEQRA to another agency. See Riverkeeper, Inc. v. Planning Bd. of Town of Se., 9 N.Y.3d 219, 234 (2007). To satisfy SEQRA’s requirements, the Lead Agency must conduct an independent study of the relevant areas of environmental concern and take the requisite hard look at them. Id. Consequently, there are times when a Lead Agency…

New York Business Divorce

Resignation: Antidote for Internal Dissention and Deadlock?

By Franklin C. McRoberts

January 20, 2020

There are countless New York corporations in which the owners are equal 50 / 50 shareholders and co-members of a two-member board. Where one sues the other for judicial dissolution, and the ground for dissolution is “deadlock” and/or “internal dissention” under Section 1104 of the Business Corporation Law (the “BCL”), does the “resignation” of one director end the impasse, requiring denial or dismissal of the…

New York Commercial Division Practice

Commercial Division Judge Reaffirms “Most Critical” Element for Injunctive Relief: Irreparable Harm

By Paige Bartholomew

January 19, 2020

Most litigators know that a preliminary injunction is a “drastic remedy” which is not “routinely granted.” Reading these words on paper, however, does not adequately convey the high threshold that a party must meet when seeking this extraordinary relief. Seeking an injunction – especially in the Commercial Division – is usually an uphill battle for most practitioners, since satisfaction of the tripartite test for injunctive relief requires a showing of “irreparable harm” – that is,…

All About eDiscovery

The Department of Homeland Security Reminds us of the Importance of Cybersecurity

By Kathryn Cole

January 15, 2020

Cybersecurity remains a real concern for businesses and individuals alike. We are reminded of this by a recent Department of Homeland Security (“DHS”) warning wherein the DHS indicates there will likely be an increase in cyber threats due to heightened tensions with Iran. In addition to advising that we should be prepared for increased phishing attacks, the DHS also recommended implementing cybersecurity best practices. Previous blogs available, “Some Cyber-Musts For Maximizing Security” and “What …

Tax Law for the Closely Held Business

You Can Spin It Off or Split It Up, But Keep It Active

By Lou Vlahos

January 13, 2020

A couple of months back, a local business reporter asked whether I could identify one kind of corporate transaction that was occupying more of my time than any other. When I asked whether they were referring to any specific industry, form of M&A transaction,[i] or type of buyer,[ii] they replied that they were not necessarily thinking about the purchase and sale of a business – they were just curious whether I was seeing…

New York Business Divorce

Another Door Closes to Federal Court in Judicial Dissolution Cases

By Peter Mahler

January 13, 2020

Not for the first time (see here, here, and here ), I find myself intrigued by the federal courts’ resistance to hearing state law claims for judicial dissolution of business entities where subject matter jurisdiction otherwise exists based on diversity of citizenship. The doctrinal device employed by federal courts to dismiss dissolution claims (without prejudice to re-filing in state court) is called Burford abstention based on a 1943 Supreme Court case of that name. The doctrine holds that a federal court sitting in diversity jurisdiction…

Long Island Land Use and Zoning

Town Takes Trailer: Enforcing Zoning Ordinance against Unresponsive Violators

By John C. Stellakis

January 12, 2020

In Town of Brookhaven v Golemi, 2019 NY Slip Op 51477(U) [Sup Ct, Suffolk County 2019], the Town of Brookhaven (“Brookhaven”) successfully sought and obtained injunctive relief to remove a structure that violated Brookhaven’s Town Code (“Code”). This case reminds landowners to be responsive to local governments in their enforcement of zoning ordinance. It is also a simple and helpful illustration of how municipalities can pursue a violator through to a remedy – even…

Farrell Fritz, P.C.

Farrell Fritz, P.C. Blogs

Blog Authors

Think Before You Speak: Words and Actions Can Bind You Beyond The Terms of a Previously Agreed Upon Subcontract Agreement

Proposed Expansion of “Accredited Investor” Definition Would Benefit Issuers and Investors

When Limited Liability Yields To Transferee (Personal) Liability

When it Comes to SEQRA, Reasonable Agencies Are Allowed to Disagree

Resignation: Antidote for Internal Dissention and Deadlock?

Commercial Division Judge Reaffirms “Most Critical” Element for Injunctive Relief: Irreparable Harm

The Department of Homeland Security Reminds us of the Importance of Cybersecurity

You Can Spin It Off or Split It Up, But Keep It Active

Another Door Closes to Federal Court in Judicial Dissolution Cases

Town Takes Trailer: Enforcing Zoning Ordinance against Unresponsive Violators

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