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Google Wins-Client Privilege Dispute, Court Finds Attorney Silent Communications Are Privileged

On Behalf of | Jun 16, 2022 | , ,

By Joshua D. Sussman, Esq. Email Joshua Email is now the preferred means of communication in the business world. Both within an organization, and between the organization and its third-party vendors, customers and others, virtually everyone emails. Sometimes, those communications are sent without much forethought. Not unexpectedly, a business’s email files have become a treasure trove for far-reaching and intrusive discovery in…

DOCTORS WIN BIG IN THE COURT OF APPEALS – COURT SETTLES DISPUTE OVER MLMIC SALE PROCEEDS

On Behalf of | May 19, 2022 | , , , , ,

By Michael J. Spithogiannis, Esq. Email Michael The New York Court of Appeals, by a unanimous bench, decided a question that has been highly contested throughout New York State emanating from the sale and demutualization of Medical Liability Mutual Insurance Company (“MLMIC”), a mutual insurance company in the business of issuing medical malpractice policies to doctors and other medical professionals…

New York Court Awards Attorney’s Fees To A Patient Sued By a Physician for Defamation Based on a Negative On-Line Review

On Behalf of | Apr 25, 2022 | , , , ,

By David A. Zarett, Esq.Email David Given the ever-increasing prevalence of social media websites which “rate” physicians (such as Zocdoc and Yelp), it is not unusual for a disgruntled patient to post a negative review regarding a particular doctor. Understandably, any negative review creates consternation for physicians, who fear that the adverse publicity will interfere with their ability to retain…

AVOID LITIGATION DISASTER – KNOW THE LAW

On Behalf of | Mar 4, 2022 | , , , ,

By Michael J. Spithogiannis, Esq. & Floyd Grossman, Esq.Email MichaelEmail Floyd Federal and state governments regularly pass laws to protect consumers.  It is up to private businesses to adapt. This requires a thorough, well-counseled understanding of legislative objectives. Two recent foreclosure cases illustrate how common sense and extra postage might have averted litigation disaster for the lender. The Home Equity Theft…

Weiss Zarett Wins Commercial Eviction

On Behalf of | Feb 24, 2022 | , , , , ,

By Joshua D. Sussman, Esq., Michael D. Brofman, Esq. & Michael J. Spithogiannis, Esq. On January 26, 2022, the Supreme Court, County of Queens granted the Firm’s client a final judgment of possession and a warrant of eviction to evict a commercial holdover tenant that abused the eviction moratorium to overstay its welcome. The Firm’s victory, led by Joshua Sussman, is believed…

Weiss Zarett Defeats Motion To Dismiss Fraudulent-Conveyance Complaint

On Behalf of | Dec 29, 2021 | , , , ,

By Michael J. Spithogiannis, Esq.Email Michael Fundamentally, a judgment is a decree determining a lawsuit. If the plaintiff is awarded damages, the judgment will direct the defendant to pay. If the defendant refuses, it’s up to the plaintiff to find assets to seize. But what if the defendant hid or transferred assets to avoid paying? New York’s Debtor and Creditor…

NYC MANDATES VACCINATION FOR PRIVATE EMPLOYEES

On Behalf of | Dec 22, 2021 | , , , , , ,

On December 13, 2021, the Commissioner of the New York City Department of Health and Mental Hygiene issued an emergency Order mandating Covid-19 vaccination for private employees pursuant to Section 3.01(d) of the Health Code and Sections 556 and 558 of the New York City Charter. The emergency Order requires covered businesses to generally exclude their unvaccinated workers in New York City…

WEISS ZARETT WINS REVERSAL ON APPEAL AND DISMISSAL OF TORTIOUS-INTERFERENCE CLAIMS

On Behalf of | Nov 1, 2021 | , , , ,

By Michael D. Brofman, Esq. & Michael J. Spithogiannis, Esq.Email Michael BrofmanEmail Michael Spithogiannis Imagine winning litigation after being a defendant in a contract dispute and then having the plaintiff start another suit arising out of the same contract but on a different theory.  That is essentially the issue that Weiss Zarett faced recently in its appeal to the Appellate Division…

Courts Enforce Contracts As Written – Except Sometimes

On Behalf of | Oct 28, 2021 | , ,

By Michael J. Spithogiannis, Esq. & Floyd Grossman, Esq.Email MichaelEmail Floyd A lawsuit is the last thing you would expect when signing a real-estate contract.  And if litigation does ensue, you would expect a court to follow established rules of contract interpretation and hold the parties to what they signed.  Here we examine a recent court decision which seems to disregard a…

Understanding Dental Employment Contracts

On Behalf of | Oct 20, 2021 | , , , , , ,

By Mathew J. Levy, Esq. Email Mathew Unfortunately, yet understandably, most dentists are reluctant to read all of the provisions in their employment contracts in the belief that they face a “take it or leave it” quandary. However, dentists often do not realize that while there are provisions in such contracts that are standard in the industry, there are many…

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