5 Signs Your Dispute May End Up in Court

It can be professional and financially rewarding to run a business, but it also involves some risk. Millions of lawsuits are filed annually in US courts, with a significant percentage involving business disputes. In particular, contract disagreements are a frequent source of corporate litigation, accounting for approximately 60% of the annual civil cases filed.

Not all business disputes end up in court, but it’s time to call your attorney if you encounter any of these scenarios below.

1. They cut off all communication with you

Even if the other person makes unreasonable demands, there is a chance of talking things out and reaching an agreement as long as they respond to your calls and emails. When they stop answering but you know they didn’t give up, you can be reasonably sure they’re talking to a lawyer instead.

2. The other party refuses to compromise

The logical first step is to try to settle it out of court when a business dispute arises. For example, a customer is angry because you delivered your order late. You point out that your own supplier had a factory fire setting back production, but the customer doesn’t seem to care about it and even rejects a substantial discount on your offer. Instead, he is asking you to compensate him for the business loss caused by the order’s late arrival. If the customer refuses to compromise, it’s a sign they’re going to sue to get what they want.

3. You are reported to an external regulator

If you are reported to an entity that governs your profession, the other party will question your professional competence as well as your ability to resolve the dispute problem. Litigation is the next logical step in resolving the situation.

4. They tell you they hired an attorney

“You’re going to hear from my lawyer” is a frequent threat, but it’s not always announcing a lawsuit. It could just be an intimidation tactic. Nevertheless, such a warning should always be taken seriously. If they say they have actually retained counsel, contact your own lawyer.

5. You are served with a complaint and summons

You are no longer headed for litigation once you receive the paperwork – you are already there. While there’s always a chance to settle the matter out of court, if you haven’t already, you want to retain counsel now.

The best way to avoid an expensive and stressful lawsuit is to seek advice from an experienced attorney. Call Sunshine Isaacson & Hecht, LLP at (516) 352-2100 for a confidential consultation.

8 Tips for Starting Your Business On the Right Foot

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8 Tips for Starting Your Business On the Right Foot

At Sunshine Isaacson & Hecht, LLP, one of the commercial litigation services we offer is advising new businesses. The market is tough, especially in New York, and the business decisions that define you most may be the ones you make before you even open your doors. Here are our 8 tips for starting your new business off on the right foot:

Research Your Competitors

You can’t innovate without knowing what is already being offered by your competitors. Similarly, you won’t know what services or products you absolutely have to offer until you see what is most popular on the market.

Choose the Right Structure For You

Choosing the legal structure of your new business is a very important decision, not least of all because it is difficult to change after the fact. Make sure you fully understand all the options and have the help of a good attorney to cover all the requirements for your chosen structure.

Create a Business Plan

What separates good ideas from successful businesses is starting with a concrete Business Plan. Create an outline with realistic, if not overly cautious, figures of how much money you are planning to spend and earn getting your business from an idea to a functioning place. Plan for the unexpected.

Secure More Money Than You Think You Need

Here’s a secret: starting a business often takes a lot more money than it should. When securing funds for your business, know that the bare minimum isn’t even going to come close to cutting it. Set your initial goal well above what you calculate it should be.

Make Time For Life, Too

Maintaining a proper work/life balance is the secret to happiness. It is difficult even at the best of times, and sometimes it feels impossible when you are starting up a business. Remember to take time for your life. You don’t want to lose your business and then realize you have nothing else left.

Look For Solutions

As your business gets started, you are going to run into a lot of issues. Become the sort of person who is perennially looking for solutions, rather than being frustrated by the issues. This mindset will pay off dividends in the long run.

Tell the People What You’re Doing

What is the point of having the best business around if no one knows about it? If you are willing to spend money to get your business where it needs to be, then you should be willing to spend money on effective marketing to make sure that people know about it. People have to know what you’re doing to care about what you’re doing!

Get Good Legal Help

Your business formation sets the tone for everything that comes after. If you want to start on the right foot, make sure you have a good attorney helping you choose your structure, close on a location, draft your contracts, and much more. For help with your new business, contact Sunshine Isaacson & Hecht, LLP today! We have the knowledge and experience that breeds success.

You Have Rights as the Victim of an Oil Spill in New York

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You Have Rights as the Victim of an Oil Spill in New York

Oil spills are a detriment to our communities and anyone who lives in them. The damage to personal health, homes, and the environment will be significant – prompting expensive and urgent cleanup efforts.

When your home or your business is the location of an oil spill, your livelihood is at stake. What you do in the immediate aftermath is crucial, but you need to understand your rights under New York’s Oil Spill Act before you can make any decisions.

New York’s Navigation Law

The rights of oil spill victims in New York State are provided and protected through the Oil Spill Act which is Article 12 of the New York Navigation Law. We have previously covered Navigation Law in-depth, but what is imperative to understand is that the act, implemented in 1977, holds the “discharger of oil” strictly liable for an oil spill.

The “discharger” will be any individual or organization that was dispensing oil at the location where a spill occurred. This can be a tanker delivering oil to a business or home with an oil heating system. This can be a technician coming to service your system and failing to properly tighten up the equipment before leaving the property. It can also be a company providing faulty oil tanks or other equipment that results in a spill.

Covering Costs of Cleanup

What matters to you is that, even if you have to pay upfront to get the cleanup and remediation process started, you have a right to be compensated for your losses. As noted above, the discharger of oil or the supplier of defective equipment that causes a spill will be held financially responsible for a spill.

If you are unable to pay for the cost upfront, the New York Environmental Protection and Spill Compensation Fund will handle the initial costs and pursue reimbursement from the responsible party or parties.

Loss of Property Value

The costs associated with an oil spill don’t stop at just the cleanup efforts. You may lose significant value in your home or business when the property is exposed to an oil spill. This loss of value in your property can also be covered through a Diminution of Value compensation from the responsible party.

The same can be said for situations where you are forced out of your home and must seek alternative housing. Essentially, any reasonable financial losses you incur that can be directly attributed to the oil spill on your property must be documented and returned to you by the discharger of oil or supplier of faulty equipment. This includes the recovery of legal fees.

Get Sunshine, Isaacson & Hecht Involved Immediately

At Sunshine, Isaacson & Hecht, our team proudly supports New Yorkers and protects their rights when exposed to an oil spill at their home or business. The sooner you get us involved the better as the toxic fumes you are being exposed to create a significant health risk to you, your family, and anyone else who spends time around the spill.

We have qualified professionals with experience in environmental law who will handle your case and get you the compensation you are owed under New York’s Navigation Law. Contact our firm if you are ever exposed to an oil spill in New York.

A Brief Guide to Your Custody Options in New York

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A Brief Guide to Your Custody Options in New York

One of the more complicated and contested parts of the divorce process is often child custody. When this comes up during divorce proceedings, the court follows the overarching principle of doing what is in “the best interest of the child.” The following is an overview of the laws on child custody in New York to help you better understand how the process works.

New York Child Custody Arrangements

New York Law uses a few terms to describe these arrangements. These terms are important for parents to understand:

Legal custody – the right of a parent to make decisions on the general welfare of a child, such as education, medical care, and religion
Sole legal custody – the exclusive right to make decisions on the general welfare of the child
Joint legal custody – a situation in which both parents contribute to the decision making process for the general welfare of the child, provided that the parents have demonstrated their ability to cooperate.
Residential custody – a parent’s right to receive basic child support to support the primary residence of the child.
Access time – another term used to describe a child’s time with the parent instead of visitation or custody

How Custody Decisions Are Made

While both parents have legitimate interests in a child custody battle, they come after the interests of the child, which include:

The child’s wishes (the amount of weight that the court will give to the wishes of the child will depend on the age and maturity of the child)
Every parent’s parenting ability
A parent’s history as the primary caretaker for the child
Any history of domestic abuse
Any substance abuse history
Which parent is more likely to foster and facilitate a relationship between the child and the non-custodial parent
Each parent’s physical and mental health
A parent’s availability to care for the child (i.e. work schedule)

If parents can agree on a custody arrangement, the court will not need to make a decision for them. On the other hand, if the parents cannot come to an agreement, a custody order will be issued only after a trial or hearing. One important thing to keep in mind is that once there is an agreement, it cannot be undone without new unexpected circumstances or incidents – meaning that you should consult with an attorney before agreeing to anything inside or outside of the courthouse.

Contact a Lawyer

If you are looking for an experienced lawyer to help you with your custody case, call Sunshine Isaacson & Hecht, LLP at (516) 352-2100 for a confidential consultation.

5 Things To Do If You Sense a Business Dispute

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5 Things To Do If You Sense a Business Dispute

Business owners will do anything in their power to help avoid lawsuits against their business. There is a good reason for that – lawsuits can be long, expensive, damage your reputation, and take your focus away from improving your business and taking care of your clients and customers. There is plenty that can be done to help prevent lawsuits from clients or other companies, but what about inside your own business?

Although they are sometimes a surprise, sometimes you can sense that something is wrong with another employee. If you think a business dispute is headed your way, here are 5 things you can do right now to help prepare for it:

Carefully Consider Communication

If the relationship between you and another member of your business has soured, you should be very careful in how you communicate with them. If they are building a legal case against you in their head, it is important not to give them anything that might upset them or be used against you as evidence. Accordingly, you can take your time to reply to them, and try to keep the majority of communication in writing, if possible.

Try To Calm Things Down

It is much better to prevent a business dispute than to prepare for one. If there is a way you can calmly and safely de-escalate the conflict, you should take that opportunity. Remember that the other person is a human just like you, and they want to be heard and feel respected. They also probably don’t want to hire lawyers and spend time in court, so take the opportunity to lower the temperature where you can.

Get Everything in Writing

This is good business practice in general, but especially when legal issues may be on the table. Try to keep your communication in writing, where it can be verified. Collect any documentation relating to the issue at the heart of the dispute that you can find. Don’t delete or alter any communication.

Don’t Lead the Charge

The best piece of advice we can give is not to lead with aggression. If someone is coming at you in your business, don’t move to retaliate or punish them with passive aggressive behavior. Simply try to resolve the issue, and if that is impossible, ask for help.

Ask For Help

If you sense a business dispute is headed your way, it is always good to speak to an attorney as soon as possible. At Sunshine Isaacson & Hecht, LLP, we are experienced in resolving tense New York business disputes. If you need help, contact Sunshine, Isaacson & Hecht, LLP today! We fight for you!

What are the Types of Illegal Oil Spills in New York?

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What are the Types of Illegal Oil Spills in New York?

Oil spills produce dangerous conditions for not only the impacted home or business, but often the surrounding community. The numerous health hazards anyone exposed to an oil spill face present an immediate cause for concern.

Understanding the circumstances that lead to New York oil spills allows home and business owners to be better prepared. You may not be able to prevent a spill, but being aware of these potential spills allows you to spot them earlier and mitigate the damage.

Overfill of a Tank

One of the most common spills occurs when a tanker puts more in an oil tank than the tank can handle. When a delivery driver hooks up to your unit, a whistle will sound to indicate that air is flowing out of the vent pipe as the tank fills. When this whistle stops, there is no automatic stop like there is when you are fueling your car’s gas tank. Instead, the driver will have to stop the delivery of oil and safely detach from your tank.

These spills commonly happen when drivers become careless and fail to closely monitor the equipment. Listening to music, getting lost in conversation, or simply not being able to hear the whistle can put everyone at risk.

Delivery Error

On top of just overfilling a tank, the delivery driver must also understand the equipment they are working with. Some tanks can look different from others and use different mechanics to deliver the oil. The driver will be responsible for ensuring the equipment is all properly attached and tightened.

If a driver hooks up to something that isn’t the fill pipe or even hooks up to a fill pipe that isn’t directly connected to a tank, the oil being delivered will create a massive spill. If you understand your own equipment or are working with a new driver, it’s worth double-checking all steps before the delivery takes place.

Equipment Malfunction

An oil tank is a solid structure. These steel vessels are generally about 275 gallons and weigh roughly 2,500 pounds when filled with oil. When a tank is filled, oil is delivered at a rate of about 80 gallons a minute, putting significant pressure on the tank.

As these tanks age, they become more prone to leakage or even blowing under the pressure. When this happens, the oil can often shoot back up the vent pipe and out onto the ground where the tanker is sitting. They can also leak into the soil where the tank is sitting.

The delivery equipment itself can sometimes malfunction, as well. Technology isn’t perfect and hoses can break, causing oil to spill everywhere. Paying attention to the equipment as it does the intended job can protect you and your property.

Any of these spills create an urgent need for not only remediation but also legal action. You have rights in the event of an oil spill in New York. The team at Sunshine, Isaacson & Hecht can help you navigate the legal challenges to come.

If You Are Getting a Divorce, Change Your Will

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If You Are Getting a Divorce, Change Your Will

When our firm handles a divorce, we reference the client’s Last Will and Testament in the Divorce Settlement Agreement.

During divorce, many people worry about how their property will be distributed between them and their spouse at the end of the divorce. However, few consider how their property will be distributed in the event of their death before the divorce is finalized. There are two questions that everyone going through a divorce should be considering, but rarely do:

“What happens if I die before my divorce is final?”
“How can I make sure that my share of the property goes to the people that I want it to go to, rather than my future ex-spouse?”

We often tell clients that to best protect themselves, they should be meeting with Steven Adler, Esq., and planning for the remote possibility of death during or shortly after the divorce process is complete. Most people do not realize that if they die during the divorce process without properly planning for it, their future ex-spouse may simply get everything.

Failure to change your will either before or after divorce could cause serious complications.

If you don’t have a Will and you pass away during the divorce process, your future ex-spouse, still technically your spouse during the process, may inherit everything. Additionally, if you have a Will where you named your spouse as the beneficiary, and the divorce is not finalized, then your future ex-spouse will certainly inherit everything under the Will. Even if you disinherited your spouse after the divorce, if you failed to change the executor or executrix, there will be serious complications that will make it difficult for your children or other heirs to get the property distribution that you intended. Most people do not realize this, and fail to even consider it.

What is the spouse’s “elective share?”

Even if you do try to disinherit your future ex-spouse, he or she may still be entitled to part of your estate pursuant to New York Estate Powers and Trust Law, Section 5-1, which provides a “right of election.” The elective share is the greater of:

certain cash or cash equivalents up to $25,000.00;
one automobile up to $25,000.00 in value; and
the greater of one-third of the net estate and $50,000.00.

When a will is probated, the only assets under the jurisdiction of the New York Surrogate’s Court are those assets owned solely by the decedent. However, the right of election applies to jointly owned assets, probate assets, and to other assets deemed testamentary substitutes. The statutes can be complicated and difficult to understand, which is why our firm works closely with Steven Adler, Esq., and our clients to minimize the amount of property that a future ex-spouse is entitled to in the event of a death during divorce.

If you are going through a divorce and fighting over assets, it would be a shame for your future ex-spouse to get everything.

In most cases, the spouse’s elective share is considerably less than the value of your entire probate estate. Accordingly, it is worthwhile to immediately change your will, even if it is temporary, because you will be decreasing the amount of assets that your estranged spouse will receive in the event you do not live through the divorce proceedings.

We are sensitive to the fact that our clients are splitting their property and income with their spouse during the divorce and after, making it very difficult for anyone to live the same lifestyle in divorce that they did in marriage. As a result of the foregoing and our close relationship with Steven Adler, Esq., his firm offers an exclusive program to our divorcing clients at a reduced price. Steven’s firm provides a streamlined will for divorcing spouses at approximately half the cost of a regular will, and then updates the Will and creates a full estate distribution plan post-divorce. This process helps people going through divorce protect their assets during the divorce, and helps them create a post-divorce plan to minimize liabilities and problems, while ultimately making sure that an ex-spouse doesn’t benefit accidentally or unintentionally.

How much would your divorcing spouse stand to inherit if you pass away?
Co-authored by: Jason Isaacson & Steve Adler

5 Ways Your Business Can Encourage Innovation

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5 Ways Your Business Can Encourage Innovation

At this point, it’s clear that true success in business doesn’t come from working your employees to the bone and making them as efficient as possible. It comes instead from employee innovation – finding new avenues of success that haven’t been tapped before, and boldly breaking into them. Anyone can give you more of what you have, but who can give you something new that you didn’t know you needed?

No matter what your company makes – marketing, technology, or even pizza – innovation is the best way forward. Here are 5 ways that you can create a company culture that encourages innovation and leads to success:

Reward Experimentation

Whether or not it results in anything worthwhile, reward and encourage experimentation you see within your employees. It means that they feel comfortable trying new things and sharing their ideas at work. Creating a culture where anyone feels encouraged to bring their ideas to the table leads to a richer environment and a better business.

Work Together as a Team

Find some time to collaborate between departments and individuals, whether it’s on work-related things or not. Hearing a wide variety of perspectives deepens everyone’s knowledge base. It doesn’t have to be on a massive work project – you could all play a game or watch a movie together!

Encourage Time Off

Working employees constantly without breaks tends to lead to burnout and sloppy work. Encourage your employees to actually use their time off! Odds are that they will come back feeling refreshed and with a new renewed perspective on work.

Be Honest

Leadership that hides a company’s wins and losses fails to educate its employees. Be honest with your team about what the company is doing great and where they are struggling. It earns respect and helps boost morale by keeping everyone in the loop and working towards the same goal.

Branch Out

Don’t ever feel like there is only one thing that your company can do. If you make video games, you can also sell t-shirts. If you’re a law office, you can also bake cookies and sell them. If you’re a marketing start-up, you can also make a successful YouTube channel. Boxing yourself in only makes things harder on yourself.

Get the Help You Need

If you find ways to encourage innovation, you can move your company forward in ways you haven’t even imagined. To get the help you need establishing your business, contact Sunshine Isaacson & Hecht, LLP today! We have the knowledge and experience that breeds success.

Do Not Try to Stay in Your Home After an Oil Spill – It’s Not Safe!

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Do Not Try to Stay in Your Home After an Oil Spill – It’s Not Safe!

At Sunshine, Isaacson & Hecht, we have put a heavy focus in recent months on oil spills in New York. From the types of oil spills and causes to the rights New Yorkers have when exposed to a spill, we want to prepare our clients for the aftermath of an oil spill in their homes or businesses.

Whenever we talk to clients about these subjects, one of the items we frequently discuss is actually leaving your home or business after an oil spill. We fully understand how difficult it can be to leave home. Clients express how difficult it can be to uproot their lives and live with a friend, family member, neighbor, or in a hotel/motel – but it’s the right choice for your health (along with the health of your family and/or customers).

Oil Spills Expose You to High Levels of Carcinogens

Staying in your home or business may seem like a convenient choice, but you are putting yourself and others at risk due to the continued exposure to toxins from the spill. Oil is full of toxic chemicals like benzene, which is a known carcinogen.

The United Nations indicated that prolonged exposure to petroleum, which is used in some home heating systems, increases the risk of cancer. While the study was done on people living near plants, occupying a building that has directly been exposed to a spill could include similar risks of mesothelioma, skin cancer, lung cancer, and other types of cancer.

People who have stayed behind after an oil spill have reported experiencing difficulty breathing due to inhaling these fumes. Until total remediation has been done, your home will not be a totally safe place to live.

What Should I Do, and Where Should I Go?

When exposed to an oil spill, contact law enforcement or a local environmental agency immediately. After that, let them do their jobs while you avoid any direct contact with the oil, stay away from areas exposed to the oil (you will often be able to smell or see it), do not drink, bathe, or enter waters near the spill, and get out.

You may be able to find a loved one to stay with, but you also should not be afraid to seek out housing at a hotel or motel if you can afford it in the interim.

How Will I Afford Alternative Housing?

As noted in our previous post on the rights of New Yorkers exposed to oil spills, you have the right under New York’s Navigation Law to recover any reasonable costs associated with the oil spill as long as you weren’t responsible. If you are forced to pay for alternative housing then the discharger of the oil will be required to reimburse you for those costs at a reasonable rate. Reasonable just means any costs associated with the necessary housing.

Our team at Sunshine, Isaacson & Hecht knows environmental law in New York. Attorney Jeffrey Sunshine serves as the Chair of the Environmental Law Committee of the Nassau County Bar Association. Our expertise guides us to serve and protect New Yorkers in the event of an oil spill. Contact us, and we will help you take the necessary steps to protect yourself and your family while we fight for every penny you are owed.

5 Benefits of Choosing Mediation for Your Divorce

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5 Benefits of Choosing Mediation for Your Divorce

Mediation, as opposed to traditional litigation, offers a more gentle, productive attitude to navigating divorce’s difficult legal waters and generally ends up being less stressful, less expensive, and easier for the whole family to move on. The method includes an independent, impartial third-party that meets with the divorcing couple to work out all the divorce information. Mediation seeks a friendly middle ground that serves all parties.

Choosing mediation instead of a litigated divorce has some important advantages. The five most convincing reasons for choosing mediation are:

1. Mediation is usually less expensive

Because there are no court fees involved, mediation proceedings are simplified and can be far less costly than divorce. The typical cost of mediation is in the $5,000-10,000 range, whereas litigating a divorce will typically cost that much money per person, just to get started.

Mediation costs depend on the complexity of dividing assets, schedules for child visitation, and other concerns. However, the cost should be much less expensive even in complex cases. You may be surprised at how little it costs to employ a mediator, or how expensive it can get to litigate a case to conclusion if mediation is not chosen.

2. Mediation is private and confidential

Divorce proceedings in a government courtroom provide access to intimate information for anyone who may want to find them. No one wants their laundry out in public. For individuals who value their privacy, a traditional divorce may not be the best choice. When you go to court, there are dozens of other married people there as well, listening to the details of your case.

One of mediation’s most desirable advantages is that it is entirely private and confidential. Participants may not have to appear in court at all. The mediator handles all the documentation and ensures the privacy of each person. We can even meet with you at night so that you don’t have to miss a day of work.

3. Mediation is usually quicker and more flexible

Some mediators like to have the clients come back to mediate a dozen times. Our goal is to get the job done as quickly, amicably, and cost-effective for you as possible. Quite often, we are able to resolve issues the very first time that we meet with you. On the other hand, a lengthy, complex divorce can drag on for months or even years. Mediation is intended to be fast, effective, and flexible.

The lines of communication are kept open due to the relaxed, negotiable process and enables distinctive solutions to be brainstormed to fix any issues. This flexibility enables a swift and cooperative strategy rather than a combative commitment in which everyone feels exhausted and unhappy.

4. Mediation is less stressful

Mediation is far less stressful than going to court. The concept behind mediation is to foster mutually beneficial friendly collaboration. The task of the mediator is not only to help both sides agree on divorce terms, but also to relieve tension, remove emotion from the process, and help both parties act in a friendly manner.

5. Mediation is child-centered and peaceful

The child-friendly strategy to mediation is another important advantage. Custody battles may be harmful to kids – particularly when the Court wants to know which parent the child or children prefer to live with. These issues are all negotiated quietly in our office, while your children are at school and unaware of the process. Children are less affected and they never have to appear in court.

Contact a Lawyer

If you are interested in pursuing mediation for your divorce, call Sunshine Isaacson & Hecht, LLP at (516) 352-2100 for a confidential consultation.

The Best Interests of the Family Pet

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The Best Interests of the Family Pet

New Year is going to the dogs. That’s what some media websites want you to believe, at least, but here is the real question: In New York, who is the dog going to? New guidance signed by the Governor in late 2021 changed the way that family pets are treated in New York divorces. This is sure to shake things up in the courtroom.

Previously, animals were considered property in divorce legislation. When it came to dividing up the property between the divorcing spouses, pets were just another item on the list next to lamps, sofas, and vehicles. If one spouse owned the pet prior to the marriage, they automatically got it in the divorce. If it was bought during the marriage, who it ended up with depended on who bought it – just like most other property.

Of course, anyone who has had a beloved pet can see the flaws in this line of thinking. For many families, pets are almost as precious as children. In some families, pets are considered children. Following the lead of states like Alaska and California, New York amended their legislation concerning family pets. Now, when determining who gets custody of the “companion animal,” the Judge must consider “the best interest of the pet.” The legal standard is not going to be the same as it is for children – but it is far closer to a custody analysis than it was in the past when pets were treated no different than other property like a couch or a lamp.

So what does that mean? It isn’t the same as “the best interest of the child,” since there are no Pet Forensics or appointed Attorney For the Pet. Instead, the Judge considers where the animal will be better cared for, and where it will have access to more resources. It is taking a more humane approach to a very sensitive issue.

Let’s say a beloved family dog, Rover, is caught in the middle of a bitter divorce battle. On one side, the spouse is moving into a house with a big backyard, and will have the financial resources to give Rover a better life. On the other side, the spouse is moving into a small apartment, but they are free during the day to walk Rover and give him the attention he needs. What’s more, that same spouse is the one who primarily took care of Rover during the marriage – buying his food, taking him on walks, taking him to the vet. Since they have illustrated better care for the pet, most Judges would rule in their favor rather than the bigger backyard.

Divorced spouses splitting custody of a pet is not unheard of, it happens regularly. The new legislature is also hoping to curb the ugly backdoor bargaining that often involved a family pet, since before this legislation, the Courts did not have jurisdiction to determine “custody” of a pet – even though litigants tried to incorporate such terms into their agreements. Examining the best interests of the pet helps look for the right decision for everyone involved, and also legitimizes what people have been trying to do for years.

Are you in the middle of a battle for your furry best friend? Now you may have more of a fighting chance. For help with all your family law needs in New York, contact Sunshine Isaacson & Hecht, LLP today! We have the knowledge and experience that breeds success.

When Can I Get My New York Child Custody Order Modified?

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When Can I Get My New York Child Custody Order Modified?

Split families are born out of necessity but rarely intention. Generally, we don’t enter a relationship with plans of separation, just like we don’t have a child with plans of not being around regularly.

These truths make child custody agreements hard to swallow for those who aren’t getting the time with their child they want and believe they deserve. Noncustodial parents in New York need to be cognizant of their own circumstances when considering potential modifications to their child custody order.

These orders are not final, in that they can be modified when the court sees a material and unexpected change in circumstances that impact your child.

Best interests of the child

Above all else, New York family courts will make decisions exclusively in the best interests of the child. This means there is no guaranteed formula to get better visitation or custodial rights as a parent.

When considering making changes in your life, prioritize your child. If you are found to be putting the interests of your child first, then you increase your chances of a favorable outcome.

Location, location, location

It’s hard to have significant visitation as a noncustodial parent if you live a significant distance away. You aren’t required to live near your child to get some rights, but you open up the door to increased time if you live close to your child.

Location also dictates education opportunities for your child. Are you living in their current school district? If not, moving within the district could avoid any disruptions to their education. You could also earn favor with the court if you are living in a strong school district, which would serve their best interests as they grow and learn.

Preferences of your child

It helps if your child actually wants to live and/or spend time with you. The court will not automatically write a custody order based on what your child wants, but it’s certainly a factor.

This does not mean you need to spend all your time trying to be the “cool” parent. New York family courts know how to spot the difference between someone who is being a good parent and someone who is putting all their time and effort into getting their own child to “like” them.

Make time for their education, hobbies, and other growth opportunities when you have visitation with your child.

Financial changes

A significant change to either parent’s finances could trigger a child custody modification. If the noncustodial parent is now able to provide more for the parent, then they could be owed more time. If the custodial parent no longer has the means to support their child, then this could result in more time or custody for the current noncustodial parent.

Ultimately, the court will review all significant changes in circumstances that impact your child’s quality of life in considering a modification request. A request cannot simply be made just because time has passed – so make sure you are prepared when the right time comes. At Sunshine, Isaacson & Hecht, our team of experienced family law attorneys can help you pick the right time to request a change to your New York child custody order. Contact us for a free consultation when you are ready.

Know Your Rights If You Are the Victim of an Oil Spill

Writings on Legal Matters

Know Your Rights If You Are the Victim of an Oil Spill

Has oil been spilled on your property, damaging your home or business? This can be an extremely stressful position to find yourself in. The first step in recovering from this event is familiarizing yourself with your rights so that you can protect them.

New York’s Navigation Law provides that the discharger of the oil is strictly liable for the damages caused by the spill. The oil company will be required to compensate you for the following:

Cleanup of the spilled oil
Alternative housing (You may have to leave your home for a time if the spill makes it uninhabitable, whether this is because of the odor or direct damage.)
Damages to your home and your personal property
Indirect damages such as attorney’s fees
Loss of value of your home or business due to the spill

It is important to know about your rights so that you can be sure you get all of the compensation that you deserve.

But what if the oil spill impacts the value of my property?

Any time a substantial oil spill occurs, it must be reported to the Department of Environmental Conservation (DEC), and the spill becomes a matter of public record. Unfortunately, people tend to be wary of buying a home that has been the site of an oil spill, even if it was only a small one. Having a spill on the record can decrease the value of your property, often by quite a large amount.

For this reason, you may seek Diminution of Value compensation from the oil company in addition to the compensation listed above. You don’t even need to be in the process of selling your house – if the value of your property decreased as a result of the oil spill, then you are entitled to be compensated.

Who can help me protect my rights after an oil spill?

The attorneys at Sunshine, Isaacson & Hecht, LLP, have great experience helping landowners and business owners navigate the legal challenges of an oil spill. We advocate for our clients zealously, while also equipping them with the knowledge and guidance they need. We understand that every oil spill case is different. We are eager to learn about your situation and to find out how we can help you. Our firm offers free case evaluations for new clients. Give us a call at (516) 352-2100 to learn more!

5 Business Resolutions For 2022

Writings on Legal Matters

5 Business Resolutions For 2022

The New Year is a great time for rest and reflection on everything that has changed in the last twelve months and where you hope to be in another twelve. For business owners, this reflection should apply to your company as well as your personal life. If the last two years have taught us anything, it’s that you never know what to expect. Here are our 5 Business Resolutions for 2022:

Be Ready For Change

It’s more clear than ever before that flexibility is one of the most important qualities for a business to succeed. Companies who were ready to work virtually were set up for success in 2020. Companies that didn’t depend on supply chains were set up for success in 2021. It is impossible to know what is on the horizon in 2022, but being flexible and preparing for change is the best way to be ready when it comes.

Focus On Innovation

As we’ve written about, encouraging innovation is the best way to break into new spaces with your business. Real progress doesn’t come from working everyone to the bone, but from creating a space where employees feel comfortable trying new things. It doesn’t have to mean that you open up a bakery on the side of your marketing company. It can lead to small changes that will make all the difference in the long run.

Put Effort into Marketing

What’s the point in putting so much hard work and effort into your business if you aren’t going to put that same effort into marketing it? How will potential customers and clients know about the great work you’re doing if you aren’t going to advertise it? One of the top reasons that most businesses can’t make it in the long run is that they do not put enough effort into marketing. Invest in it and it will pay off.

Improve Processes

It’s time to let go of what is holding you back. Are there steps in your systems and processes that employees get caught on every time? Are you working harder than you need to? Improving your internal processes will help you succeed in ways you didn’t even realize you could before.

Get the Help You Need

At Sunshine Isaacson & Hecht, LLP, we know that every business has a different set of needs and goals. We can help you achieve yours in 2022 through strong corporate legal knowledge and assistance. For help fulfilling your company dreams this year, contact Sunshine Isaacson & Hecht, LLP today! We have the knowledge and experience that breeds success.

Why It’s Imperative to Get Our Team Involved Immediately After an Oil Spill

Writings on Legal Matters

Why It’s Imperative to Get Our Team Involved Immediately After an Oil Spill

We talk about oil spills on our blog frequently. These events heavily impact New Yorkers, their homes, and their businesses. When your home or business is exposed to an oil spill, you need to act quickly.

We prefer to get involved in your case as soon as possible. The earlier our team is able to work with you and get to know your situation, the better equipped we are to establish your case and the better equipped you are to preserve your case.

Most People Do Not Have Your Interests in Mind

One of the biggest reasons we tell people to contact us as soon as possible is that most other people you talk to about the spill do not have your best interests in mind. Employees of the oil company want to avoid liability. Employees of the remediation company often work for the company responsible for discharging the oil. Insurance agents want to poke holes in your case to avoid paying what you are owed under New York’s Navigation Law.

It’s similar to a car accident – you should avoid discussing the nature of your case until you have spoken directly with an experienced attorney. We help clients understand who they can talk to, when they can talk to them, and what they should say. Most people do not understand New York law in these situations and can expose themselves to liability that would otherwise fall exclusively on the discharger of the oil.

The Opposition is Trained for Situations Like This, Are You?

Those other parties you encounter in the event of an oil spill are specifically trained to avoid liability. Their companies inform them of ways to attack your case and get out of paying what is owed to you, neglecting your Navigate Law rights.

You deserve to have trained professionals on your side just the same. Our team has extensive experience handling oil spill cases in New York, especially Attorney Jeffrey A. Sunshine who serves as the Chair of the Environmental Law Committee of the Nassau County Bar Association.

We are uniquely positioned to take your case from day one and investigate the cause and resulting costs which can include damage to your home or business, your land, costs of temporary living arrangements, and more. If you are exposed to an oil spill in New York, schedule a consultation with Sunshine, Isaacson & Hecht to get back what you are owed.

New York Divorce: Contested vs. Uncontested

Writings on Legal Matters

New York Divorce: Contested vs. Uncontested

Until 2010, it was not possible to file for a no-fault divorce in the state of New York. In fact, they were the last state in the country to begin granting no-fault divorces. Couples had to prove that they had grounds for divorce such as adultery, abandonment, cruel treatment, or prolonged separation. Sometimes this led to very long, complicated divorce cases that became very expensive for those involved.

Today, however, you only have to prove that the marriage has been irretrievably broken, not that it was anyone’s fault. That does not mean, unfortunately, that every divorce is amicable and argument-free. There are two different types of divorce in New York: contested and uncontested.

Uncontested Divorce Explained

Your divorce is considered uncontested if you and your soon-to-be ex are able to iron out the details on your own with regards to child custody, visitation, support, and division of assets. You do not need the court to settle any disagreements between you. You must be able to come to an agreement about everything from who pays which debts to whether or not either party needs to pay spousal support to the other.

Once you have reached that agreement, you or your spouse can contact an attorney who can draft an agreement and all of the other necessary paperwork that the court requires to process an uncontested divorce. Some people believe that they can process an uncontested divorce without an attorney – but this is a recipe for much frustration and/or a problem in the future. Not only can the paperwork process can be time consuming and frustrating for someone that is unfamiliar with it, but more importantly, if your agreement with your spouse is not properly memorialized in writing, and a dispute later arises regarding the distribution of an asset, the sale of your home, or visitation/custody of the children, then the court may not be able to effectively enforce or even modify your original agreement if it was not properly documented.

Contested Divorce Explained

If you and your spouse can not reach a decision about things like your children, you property, you assets, and your debts, your divorce is contested. This doesn’t necessarily mean that you’re fighting and hate each other and your divorce isn’t amicable, just that you need the court’s help to reach a fair resolution. You will need to attend court conferences, and if you and your spouse cannot come to an agreement there, the case will eventually make its way to trial. The vast majority of contested divorces are still resolved with an agreement, much like an uncontested divorce. Very few cases actually go to trial where a Judge has to declare a winner.

Who can represent your best interests during a divorce?

If you’re getting divorced in New York, whether your divorce is contested or uncontested, it is essential to hire an experienced divorce attorney. Your attorney can help you protect your best interests. If your case is litigated, they can represent you and advocate for you zealously. The attorneys at Sunshine, Isaacson, & Hecht, LLP are eager to guide you through the process of New York divorce. To get started, call us at (516) 352-2100.

5 Business Resolutions For 2022

Writings on Legal Matters

5 Business Resolutions For 2022

Be Ready For Change

Focus On Innovation

Put Effort into Marketing

Improve Processes

Get the Help You Need

Check to See if Your Homeowner’s Insurance Has This Endorsement

Writings on Legal Matters

Check to See if Your Homeowner’s Insurance Has This Endorsement

Just about every homeowner has an active homeowner’s insurance policy. Most mortgages require it before lending any money. Although not all landlords and rental companies require tenant’s insurance, renters should carefully consider purchasing a policy in case they suffer a catastrophic loss that would have been covered.

While most people associate homeowner’s and tenant’s insurance with coverage after a residence fire, natural disaster, or theft, these policies may also cover personal injuries suffered by another person while on your property. This is often referred to as a personal injury rider or personal injury endorsement on a homeowner’s policy. Homeowners’ policies in New York typically have some type of coverage for personal liability.

Which Injuries Are Covered in a Typical Homeowner’s Insurance Policy?

Many accidents that commonly give rise to personal injury claims, like slip-and-fall incidents and dog bites, may be covered in a typical homeowner’s insurance policy. Any negligence of somebody insured under the policy may also be covered in New York.

Besides accidents that cause physical injuries, your homeowner’s policy likely covers the following under a personal offense coverage:

Libel, slander, or defamation
False imprisonment
Wrongful entry
Publication of content that violates someone’s right to privacy

How Much Will Your Insurance Pay?

Refer to your policy coverage for information on how much your provider will cover in case of a personal injury. A no-frills policy might cover something like $1,000 in medical bills per person and $25,000 in total expenses per incident.

However, as with minimum auto insurance coverage in New York, the lowest limits are not often enough for serious injuries. Policyholders can usually purchase add-ons that will significantly increase the limits on covered losses.

Do Businesses Have Personal Injury Insurance?

Businesses — especially those with brick-and-mortar locations — usually have a wide array of insurance policies that cover a wide range of losses. Coverage for personal injuries that occur on a company’s property is often included in general liability insurance. Many business owners choose to upgrade their coverage limits by purchasing umbrella policies.

Watch Out for Exclusions

As always, stay vigilant for gaps in your homeowner’s or tenant’s insurance policy. Just because you have a personal injury endorsement does not mean every type of accident is covered. To give a unique example, your policy might cover injuries resulting from dog bites but not injuries resulting from more exotic pets like snakes or other reptiles.

Our Firm Helps With Personal Injury and Property Insurance Cases

In an ideal world, insurance providers would always pay out the full amount of a covered loss. Unfortunately, we live in a world where powerful insurance companies often delay, underpay, or simply refuse to pay legitimate claims. Providers often count on claimants (understandably) throwing up their hands or taking a lowball offer rather than engage in a complex and time-consuming process.

Unfortunately for providers, that’s exactly what we’re here for. Our team will do everything in our power to get what you deserve after you suffer property damage or a personal injury. Contact us today to schedule your free consultation.

6 Steps to Take to Preserve Your Property Damage Claim

Writings on Legal Matters

6 Steps to Take to Preserve Your Property Damage Claim

After a car accident, it’s crucial to take certain steps to ensure that you get what you deserve for your damaged vehicle. Whether you’re dealing with minor property damage or a totaled vehicle, following these steps can help you avoid costly mistakes that weaken your case.

1. Call the Police

The other party involved in the accident may want to bypass insurance and avoid reporting the accident, particularly if they are at fault or aren’t allowed to be driving. No matter how well-intentioned the other party seems, this type of arrangement often turns into a serious headache. Insist on reporting the accident to the police and exchanging insurance information.

2. Contact Your Insurance Company

Regardless of whether or not you’re at fault, you must report the crash to your insurance company. Give them a clear, concise description of what happened and the extent of your property damage. You may also need to submit a police report to them.

3. Take Pictures

Evidence is crucial in any property damage case. Your insurance adjuster may use these photos to assess the damage to your vehicle. With detailed photos highlighting the extent of the damage to your vehicle, you may be able to create a stronger case for a larger settlement, particularly if you have “before” photos of your vehicle.

4. Get a Damage Valuation

Your insurance company should be ready to present you with a damage valuation fairly quickly after your accident. Even if you also have a bodily injury claim, your insurance shouldn’t make you wait too long to get your vehicle repaired. If you disagree with the adjuster’s damage valuation, don’t fret—you can get independent replacement quotes or repair estimates.

5. Schedule Repairs

You are free to choose where you get your vehicle repaired. However, if there are any issues with your damage valuation, you may want to hold off on repairs until you speak with an attorney. If the total cost of your repairs ends up being higher than your damage valuation, you could be left footing the bill.

6. Reach Out to An Attorney

Consulting an attorney is highly recommended after a car accident. Many insurance companies delay the payment of property damage claims or offer settlements far lower than what consumers actually deserve. They know that many consumers lack the energy to fight them over a low damage valuation or do not know their rights, and they count on most consumers simply taking the first settlement offer they get. Working with an attorney is one way to speed up the process and get everything you’re entitled to after a crash.

Are you struggling to keep up with medical bills or other expenses after an injury caused by a car crash? We’re here to help you get the compensation you’re entitled to. Contact the team at Sunshine, Isaacson & Hecht, LLP to discuss the details of your accident and figure out your next step.

4 Ways To Help Children Adjust To Living in Two Homes

Writings on Legal Matters

4 Ways To Help Children Adjust To Living in Two Homes

Divorce can be a difficult adjustment for everyone involved. For children, the hardest part may not even be having separate parents or having to go to court. The hardest part may be living in two different homes. It can be very difficult for a child to adjust to a new living environment, especially when one parent still lives in the same place they consider home.

As you move into a new chapter of your life, making sure that your children are comfortable with their living situation is one of the top priorities. Here are 4 ways to help children adjust to living across two households:

Keep the Essentials

If your children brushing their teeth is dependent on them remembering to bring their toothbrush back and forth between two homes, your dentist bill is about to go up. Make sure that you have essential supplies, including clothes, available at both houses. The children can bring things like their backpack and even pillow back and forth between the two, but the essentials should be at both.

Maintain a Consistent Schedule

You should work with your co-parent to make sure that all major lifestyle decisions for your children are consistent across both households. Things such as sleep schedules, diet, and entertainment habits should be the same no matter which house the children are at. Smaller things will help differentiate the experiences, but their general lives should be the same at both homes.

Ask Them What They Want

Children are much smarter than they are given credit for. Your children probably are keenly aware of the differences between the two homes they live in, and have their own thoughts about what they would like to see in both. Make sure to check in with them and listen to what they have to say. It’s their home too, after all

Don’t Try To Impress Them

You don’t need to have “the cool house.” You don’t need to let your children do things they can’t at their other home in order to get them to like you more. Just have a loving and open household where they feel comfortable. That’s what is most important.

Get the Help That You Need

At Sunshine Isaacson & Hecht, LLP, we know that family is the most important thing. As you move forward with your life, making sure that your children are comfortable and happy splitting their time across two different households is very important. For help with all of your divorce needs, contact Sunshine Isaacson & Hecht, LLP today! We have the knowledge and experience that breeds success.

Need help today? Get in touch for a free case evaluation.

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