So Much Depends on the Power to Dissent By: Joseph D. Nohavicka, Partner "The dissent “batting-average” rationale imposed upon our intermediate appellate courts in New York is computed using the devil’s arithmetic; it is flawed and dangerous." Read an exclusive excerpt below: "How can anyone not read with concern Justice Saxe’s report of the […]
JD Insider | Foam Ban Orion D. Karagiannis New York City’s Foam Ban Orion D. Karagiannis After a long and litigious battle in New York City, the foam ban passed by the City Council in 2013 under then-mayor Michael R. Bloomberg is finally here to stay. The ban, enacted by Local Law 142 (2013), […]
In this week’s case, we meet Tonya, a single mother, 5’ 1” tall, who was attacked by an enraged ex, 6’2” tall, the day before New Year’s Eve. Tonya was home by herself when the violent and abusive ex-boyfriend smashed open the front door to Tonya’s home. Tonya, refusing to go gentle into the good […]
JD INSIDER | Weed For Rails By: Joseph Dimitrov, Esq. The political issue of legalization of marijuana has become very popular nationwide over the course of the last decade. The federal government has criminalized marijuana use and possession on a national level. However, the federal guidelines can only impact interstate commerce. This means the federal […]
Read an excerpt from our latest feature on PropertyShark... "In today’s litigious society, more trivial disputes are arising between neighbors as to where fences should be installed. These disputes typically focus on determining the proper location of property lines. While it is usually best for both neighbors to settle such a disagreement directly, if […]
Combat by Agreement? Erases Justification Defense and Gets Brawling Neighbor Arrested We got a call one day from a gentleman who wanted to know if we would be able to draft up an agreement between him and his enemy. The agreement would state that they were going to fight each other without weapons, and they […]
PARDALIS & NOHAVICKA NEW YORK STATE LOTTERY LAW UPDATE: "If your prize is 'LIFE,' win $1,500 a week for life!" Unless the State Says You Lose! Do you spend a large part of your paycheck on lottery tickets? Do you purchase many scratch-off lottery tickets a day hoping to win big? This week’s case is about Edstan Balgobin, who […]
Starting this new year, New York overtime exemption standards are changing. As of December 31, 2018, the minimum salary that New York employers must pay their employees to have overtime exemption status is increasing. Under the Fair Labor Standards Act [Section 13(a)(1)], employees can be exempt from both minimum wage and overtime pay if they […]
This week’s case finds us out on Long Island* and introduces us to James, a man who believed that the best way to talk things through a soured relationship was by leaving messages on the victim’s business voice mail. James was wrong. James was agitated. He left two consecutive messages on the victim's business answering […]
Wearable Technology By: Ashley Pusey Depending on your definition of “wearable technology,” wearables can be traced back to the 13th century with the invention of eyeglasses. During the 16th century, the Qing Dynasty developed the abacus ring that acted as a tool for counting. In the 21st century—the age of fitness tracking devices and […]