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

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

Aaron Zerykier

Latest from Farrell Fritz, P.C.

New York Venture Hub

“Whoever has the Gold, (Once Again) Makes the Rules”: VC Deal Terms Likely to be More Investor Favorable

By Alon Y. Kapen

July 13, 2020

It’s no shocker that the Coronavirus pandemic has slowed down venture capital investment dramatically, with 2020 now on pace to be well below the high levels of the past couple of years. According to Pitchbook, VC deal flow through June 28 fell to just 4,675 funding rounds as compared with 6,357 in the first half of last year. But a drop in dealmaking volume may not be the pandemic’s only impact on the VC…

Long Island Land Use and Zoning

“General” Code Provision Saves Dollar Store Endeavor: Superfluous Interpretations Are Not Required

By John C. Stellakis

July 13, 2020

In Cady v Town of Germantown Planning Bd., 2020 NY Slip Op 03440 [3d Dept 2020], the Appellate Division, Third Department, reversed the Columbia County Supreme Court’s judgment annulling site plan approval, and dismissed the Article 78 petition. Among other things, the Court’s decision addressed whether the Planning Board exceeded its authority and improperly interpreted the zoning code when it approved a 71-foot façade for a project within a scenic overlay district where the…

New York Business Divorce

Disputes Over Member Status Continue to Roil the LLC Waters

By Peter Mahler

July 13, 2020

I don’t know if empirical studies have been done comparing the relative frequency or ratio of disputes and litigation over member status in LLCs versus shareholder status in close corporations. My impression as an avid follower of case law in New York and other states is that LLC disputes over member status win that dubious distinction. If I’m right, the question is, why? Is there something innate about the LLC form that gives rise to…

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…

Farrell Fritz, P.C.

Farrell Fritz, P.C. Blogs

Blog Authors

“Whoever has the Gold, (Once Again) Makes the Rules”: VC Deal Terms Likely to be More Investor Favorable

“General” Code Provision Saves Dollar Store Endeavor: Superfluous Interpretations Are Not Required

Disputes Over Member Status Continue to Roil the LLC Waters

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

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