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.

All About eDiscovery

Federal Judge Finds it is Counsels’ Absence of Good Faith and Cooperation Causing an Increase in Duration and Expense of Litigation

By Kathryn Cole

July 8, 2020

Aldinger v. Alden State Bank is a good reminder of counsel’s obligation to be cooperative in the discovery process. Aldinger, an employment discrimination case pending in the United States District Court for the Western District of New York, involved a series of discovery disputes including Plaintiff’s motion to compel Defendant to respond to her First Request for the Production of Documents and First Set of Interrogatories (Docket 21). A second similar motion was filed four…

Tax Law for the Closely Held Business

Out of New York, But Still Being Taxed By New York? Look to the Source

By Lou Vlahos

July 6, 2020

New York Diaspora?[i] Like most every other state in the Union, New York has experienced its share of fiscal stress over the last few decades. The source or cause of its problems? Well, that may depend upon the respondent to whom this question is posed and, unfortunately, the side of the political aisle on which they place themselves.[ii] However, almost everyone agrees that there are many factors and forces to which the State’s…

New York Business Divorce

The Common-Law Tort of Breach of Fiduciary Duty: The Total Package

By Franklin C. McRoberts

July 6, 2020

In the famous case of Meinhard v Salmon, Justice Benjamin Cardozo wrote in lofty language that lawyers of maltreated business owners have loved to quote ever since that the duty of loyalty among closely-held business owners is exceedingly high: “Not honesty alone, but the punctilio of an honor the most sensitive, is . . . the standard of behavior.” Countless published decisions since cite Meinhard. Steeped in morality-laden language (no “morals of the marketplace” here),…

Long Island Land Use and Zoning

Smithtown Seeks to Reinvent the Hauppauge Industrial Park by Allowing Residential Development

By Anthony S. Guardino

July 6, 2020

The Town of Smithtown is considering the adoption of a local law that would allow residential uses as part of mixed-use developments in the Hauppauge Industrial Park.[1] The proposal follows on the heels of an April 2019 report commissioned by the Suffolk County Industrial Development Agency (“SCIDA”) which called for the park to position itself to become a regional economic hub that fosters the growth of key industries by, among other things, creating a…

New York Commercial Division Practice

Forum Non Conveniens – The Recut Gem of Motions to Dismiss

By Jaclyn M. Ruggirello

June 29, 2020

Foreign cities, thieves, and millions of dollars’ worth of missing diamonds. This may sound like the trailer for this summer’s blockbuster action film, but this story of hustling and heisting comes straight from Swissgem S.A and Genevagem S.A. v M&B Limited, a New York case recently decided by Commercial Division Justice Peter O. Sherwood. In Swissgem, Justice Sherwood granted a motion to dismiss brought by Defendant M&B Limited (“M&B”), on the grounds of forum…

Tax Law for the Closely Held Business

Compensating Management with Equity In the Post-COVID World

By Lou Vlahos

June 29, 2020

Business is back . . . Sort of As the country begins its hoped-for recovery from the disruptive economic effects of the COVID-19 virus – or, more accurately, from the measures implemented by government to contain the spread of the virus – some closely held businesses will emerge relatively unscathed while others will not survive, and some will be on life support for some time before their fate is settled while others will remain in…

New York Business Divorce

Business Judgment Rule Prevails in Fight Over Liquidation Plan for Dissolved Madoff Feeder Fund

By Peter Mahler

June 29, 2020

FGLS Equity LLC was one of many feeder funds caught up in the maelstrom that followed the exposure and meltdown in 2008 of the Bernie Madoff Ponzi scheme. It lost virtually all of its money in its account with Bernard L. Madoff Investment Securities (BLMIS). Eventually, Irving Picard, the Trustee appointed by the Bankruptcy Court to oversee BLMIS’s liquidation, allowed and paid FGLS’s claim in the much-reduced sum of $3.45 million based on the “net…

Long Island Land Use and Zoning

Landowner’s Intent to Mine Property Sufficient to Establish Nonconforming Use

By Kyle Gruder

June 29, 2020

In a recent decision, Matter of Red Wing Properties, Inc. v. Town of Rhinebeck, et al., the Second Department held that a landowner’s intent to continue using its property for mining operations established a valid pre-existing nonconforming use. Red Wing Properties, Inc. (“Petitioner”) owns roughly 241 acres of property located with the Town of Rhinebeck (the “Town”). For several years, Petitioner used its property for sand and gravel mining. However, at the time of…

All About eDiscovery

Rise of Mobile Phishing Scams

By Kathryn Cole

June 24, 2020

In the span of a few short months, the number of phishing attacks targeting smartphones as the entry point to enterprise networks has risen by more than a third. Indeed, one cybersecurity company found a 37% increase in mobile phishing attacks worldwide between November 2019 and early 2020.* As previous blog posts have observed,** phishing emails have long been an issue for desktop/laptop users. Typically, these attacks – to the extent they target desktop/laptop email applications…

Tax Law for the Closely Held Business

Liquidating Trusts, Reopening the Economy, and Creditors’ Rights

By Lou Vlahos

June 22, 2020

Bad Times Of course, you’ve noticed that we’re in the midst of an economic mess. The nearly complete shutdown of large segments of the U.S. economy beginning in March, in response to the COVID-19 crisis, both accelerated and greatly aggravated the recession toward which we were already heading after almost ten years of steady growth. The sudden elimination of so much economic activity, for what has turned out to be a relatively prolonged period,[i]…

Farrell Fritz, P.C.

Farrell Fritz, P.C. Blogs

Blog Authors

Federal Judge Finds it is Counsels’ Absence of Good Faith and Cooperation Causing an Increase in Duration and Expense of Litigation

Out of New York, But Still Being Taxed By New York? Look to the Source

The Common-Law Tort of Breach of Fiduciary Duty: The Total Package

Smithtown Seeks to Reinvent the Hauppauge Industrial Park by Allowing Residential Development

Forum Non Conveniens – The Recut Gem of Motions to Dismiss

Compensating Management with Equity In the Post-COVID World

Business Judgment Rule Prevails in Fight Over Liquidation Plan for Dissolved Madoff Feeder Fund

Landowner’s Intent to Mine Property Sufficient to Establish Nonconforming Use

Rise of Mobile Phishing Scams

Liquidating Trusts, Reopening the Economy, and Creditors’ Rights

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