News

Determination of Market Value Under the Uniform Partition of Heirs Property Act

One of the most important aspects of the Uniform Partition of Heirs Property Act (the “The UPHPA”) is the determination of the value of the property at issue. Often, issues arise between the parties to the action because they do not know the value of the property. To remedy this issue and provide a fair and equitable solution to the parties, the UPHPA provides flexibility in determining a value.

Paul M. O’Brien Promoted to Equity Partner at Falcon Rappaport & Berkman PLLC

Falcon Rappaport & Berkman PLLC is pleased to announce that Paul M. O’Brien has been promoted to Equity Partner at the firm.

Second Round PPP Loans

Both first-time borrowers and second-time borrowers may now apply for a loan from the Paycheck Protection Program (“PPP”)

Falcon Rappaport & Berkman PLLC Wins Appeal from Fee-Shifting Order in New York State Court Discovery Dispute

Residential Evictions in New York in the Time of COVID-19

The onset of COVID-19 in New York has created impossible financial situations for tenants, and resultingly, for landlords, many of whom are themselves family owned businesses with tight financial concerns and obligations of their own. Despite a landlord or tenant’s best efforts, it is inevitable that a landlord may need to remove a tenant from their rental property. In this article, we evaluate the pros and cons of different approach in the residential context of New York both under normal conditions and considering the special circumstances presented by COVID-19, including the increasing benefits of turning to “Cash for Keys.”

Asset Protection Planning for Vulnerable Professionals

Professionals are in an especially vulnerable position because New York law prohibits them from using an entity to shield liability for their own malpractice. This policy makes accountants, lawyers, doctors, architects, engineers, and other licensed practitioners prime targets for plaintiffs’ counsel. One wrong move could spell liability in excess of insurance limits, leading to seizure of personal assets and future income. With this existential peril looming over their heads, what should professionals do to protect themselves? This article describes some strategies that can help and considerations when implementing them.

Responses to the Pending Surge in New York Eviction Matters

In anticipation of an impending torrent of eviction matters in New York resulting from the COVID-19 pandemic and the hardships it has imposed on tenants and landlords, NY Courts and lawmakers have sought temporary solutions to forestall a potential housing crisis.

Ramifications of Tolling New York’s Statute of Limitations

On March 20, 2020, amidst the initial tumult of the COVID-19 pandemic, Governor Andrew Cuomo issued Executive Order 202.8, which, among other things, tolled New York’s statute of limitations through April 19. 2020. This order directed that “any specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding” would be “tolled from [March 20, 2020] until April 19, 2020.”

FRB Webinar on June 5, 2020 at 11am ET

Falcon Rappaport & Berkman PLLC presents a webinar on the topic of Paycheck Protection Program (PPP) Developments and PPP Loan Forgiveness hosted by FRB Vice Managing Partner Matthew E. Rappaport, Esq., LL.M. and FRB Founding Partner Michele Schlereth, Esq., CPA, MST.

NY Supreme Court: Sale of UCC Pledged Assets Not Barred By Foreclosure Suspensions

New York County Supreme Court Determines a Sale of Pledged Assets Under the UCC is not Barred by Executive Order Suspending Foreclosure Proceedings