Despite the challenging economic times we are experiencing, it is encouraging to receive inquiries regarding how to set up Not-For-Profit (NFP) corporate entities in New York for providing scholarships to students. In response to the interest we have received on this issue, what follows is a basic idea of what is involved in getting a corporate NFP underway for this worthwhile purpose.
Our real estate department handles all types of real estate related matters, including foreclosures. This might be an unpleasant task, however the local lenders we represent are very understanding and sympathetic to their borrowers’ plights. I have had our banks agree to postpone actions and sales, and to work out payment plans, or allow a home to be sold for less than the loan amount very often. (Although this is not the point of this blog entry, I would like to state that this alone is a good reason to consider a local bank if you are re-financing, or borrower money to purchase a home.)
On October 7, 2011, Buffalonews.com reported a three car accident that killed 51 year old Cheryl Ozzimo and her husband, 58 year old Ronald Ozzimo. This tragic incident raises several legal issues. A wrongful death action also includes a personal injury. The personal injury is the underlying theory for the culpability of the defendant. Damages in a wrongful death action is the financial loss to the survivors of the decedent. The time between injury and death including pain, medical treatment, loss of work are brought as a separated personal injury action, they are not covered by the wrongful death cause of action. All damages after death (future wages, services to spouse, etc.) are included as financial losses to the survivors. The statute of limitations for wrongful death is two years.
Last week, the Buffalo News reported that a 29-year old driver with 2 prior convictions for DWAI has been charged with DWI in connection with his arrest for driving the wrong way down the Thruway. The question in everyone’s mind is: “if this is his third offense, why wasn’t he charged with a felony?” The defendant is being charged with a misdemeanor, which is considered a crime and is punishable by up to one year in jail, but he won’t be charged with a felony. Here’s why:
The Buffalo News reported on October 2nd that investigators are still on the look out for a driver that hit and killed a woman on Broadway and didn’t stick around to fess up.
Leaving the scene of a motor vehicle accident with out reporting it may result in serious fines and penalties, including criminal prosecution. When an accident leaves someone dead, the operator of the responsible vehicle may face criminal charges that can increase if drugs or alcohol were involved. These accidents may also result in civil suits by the estate of the person who was killed. These suits can include claims for personal injuries as well as wrongful death.
As many Western New Yorker’s are aware, there has been a rash of vehicles crashing into buildings in 2011 so far, including the most recent today, September 30th, into the front of Dessert Deli in a busy plaza at Maple and North Forest in Williamsville.
Published in a recent article in the Buffalo News, a Hamburg woman received both jail and probation time for driving under the influence of a narcotic drug with young children in the vehicle. Drinking and driving laws in New York will continue to become more strict each year. Leandra’s Law imposes two new major consequences on defendants convicted of DWI or driving while impaired by drugs with children in the car.
Today, September 27, 2011, The Buffalo News published an article regarding a Buffalo man “charged with running a red light and aggravated unlicensed operation of a motor vehicle following a T-bone crash.” There are critical deadlines to be aware of in the case of all motor vehicle accidents. You have only 30 days from the date of the accident to file a No-Fault Application (NF-2) Form with your insurance company – even if the accident was the other driver’s fault.
Earlier this summer a Buffalo-area physician was charged with drunken driving in the hit-and-run death of a young woman who was struck while skateboarding home in a suburban neighborhood from her job.
From April 9th, 2011 onward, employers must comply with significant new procedural obligations under New York State’s recent Wage Theft Prevention Act. The first major change is the requirement of employers to provide every employment with written notification of information such as rates of pay, allowances, the regular payday, the employer’s full name and physical address, overtime rates, etc. This information must be provided both at the time of hire and annually. Furthermore, these notifications must be in writing (not transmitted electronically), they must be provided in English as well as the employee’s primary language, employers must receive written acknowledgement that the notification was received, both the notice and acknowledgement must be preserved for six years, and employees must be notified of any changes to the information at least seven days prior.