Proskin Law Firm

I would like to extend to everyone all our best wishes for a Happy Holiday whichever one you celebrate. At this special time of year, please be kind to others, appreciate what you have and work toward a better tomorrow. Thank you for taking the time to read my thoughts on various issues, trusting my judgment and our firm. We remain here to assist you every way we can and look forward to doing so in 2021 and beyond. May you have enough of everything you need and appreciate it all. Sending good thoughts for better times. Merry Christmas and Happy Holidays to all!

We'll be closing the office at 1PM tomorrow (Christmas Eve) and will reopen Monday morning!

Election Day is almost here. Here are a few things you need to know before you head-out to vote: bit.ly/35JfxvY

When criminal charges are brought against an attorney it usually makes headlines. Attorneys in a position of trust. The idea that one would violate that trust is both upsetting and newsworthy. Luckily, this doesn't happen very often. A major reason why, hopefully, is because attorneys are a self-policing bunch. Every state has Canons of Ethics. The American Bar Association has Model Canons of Ethics. Lawyers are required to follow these rules. Canons govern the behavior of th...e lawyers. Being charged with violating a canon results in a hearing and possible discipline if the violation is proven to have merit. There are many canons. The one in the news recently involves accusations of lawyers lying and exaggerating in sworn Court documents. The simple response? Lawyers cannot lie in Court documents. The American Bar Association’s Model Canons of Ethics states an attorney shall not knowingly make a false statement of material fact. If a lawyer is found to have made such a statement a punishment can result anything from a censure to disbarment (with several options in between). Courts and individuals should be able to rely on factual and honest statements by lawyers. As Officers of the Court, they are expected to abide by the truth even while zealously representing their client. A Court should not need to fact check every complaint, answer, pleading and statement. Bottom Line: Everyone should be able to believe the word of an officer of the Court.

After a day working at home due to the flash blizzard it's back to the office today at least for some of us.

My husband just had a big fight with Macy’s. He bought a gift for me online back in November. It still has not arrived. The website shows it was shipped, but there is no tracking information (that's the way it's been since two days after he made the purchase). Clearly, there's a problem. He called Macy’s customer service. They finally admitted the item is out of stock. They refunded the purchase and (eventually!) gave him a gift card. His only issue now is that he doesn't hav...e that gift for me (so, really, who's the big loser here? Me!) But all in all, he's lucky. Consumers are used to problems inherent with in-person shopping (pickpockets, return hassles, defective items, etc.), but shopping online brings with it a slew of other issues. Jon dealt with one of them: selling items that are not available. Unless there is some sort of fraud, the solution here is simply a refund. Porch piracy is another major issue. This often requires filing a police report along with dealing with the store. The most common problem in making online purchases is the threat of fraud and compromised credit cards. One of the best ways to deal with this issue is to use credit cards for online transactions. Debit cards and echecks do not provide the same protection credit cards do. Typically, a credit card company provisionally credits back the questionable charge and then investigates. Often banks will investigate debit card issues but not issue that provisional credit. This means you're forced to wait until you prevail with your claim to get your money back. The best way to stay safe with online shopping is to keep a detailed list of what you've purchase and from whom. Make sure each item matches your credit card statement. Check them off as they're delivered. If an issue arises, file a claim immediately, as there are time limits in place. As with in-person shopping, keep your eyes wide open and pay attention to what you are doing. Happy shopping everybody!!!

I've been receiving a lot of questions since posting about New York's new Sick Leave Law last week. So, here's a follow-up, with all the specifics employees and employers need to know: bit.ly/3krWk8s

You may be done cleaning-up from the recent storm but are you still having trouble getting satisfaction from your insurance company? There are laws on your side. Give as a call: 518-436-0775.

There's a new Sick Leave Law in New York State. Lisa explains what it means for you: bit.ly/3dsnAAZ

Back when I rented my first apartment, I had to give the landlord a check for first, last and security basically three months rent up front. That's a lot of money. After we moved out, we had to fight to get our security deposit back. Luckily we had pictures of how we left the apartment. Since we were students the landlord probably felt he could take advantage of us. Unfortunately, some landlords still try to do this (as there are tenants who try to take advantage of landl...ords). Recently I've spoken with a couple of students at nearby universities. It appears I've stumbled upon some such landlords. As with many things, I really do believe most tenants are good people as are most landlords. It's the exceptions that make life complicated. In this case, a landlord tried to get the last months rent up front. This is no longer allowed in New York State. When the tenant brought this fact to the landlord's attention, that line in the lease was taken out. What if the tenant had not asked me? They would have needed to come up with an additional month's rent to get the apartment. Another student upset the landlord so he cut off their internet. WiFi was supposed to be an included utility. Imagine a college student today, in our COVID-19 world with virtual studies, unable to access the internet. Most tenants would simply fix whatever upset the landlord in order to get the WiFi back. Fortunately, this tenant called me to talk about it and we were able to rectify the situation with a few phone calls and a promise to escrow the rent. Again, money talks. As for the security deposit situation, that too rears its ugly head far too often. My best advice to renters is to do the walkthrough with the landlord and have a witness if you can. In addition, you should take video/photos so that you can document the condition of the property as you left it. Again, I believe that most landlords are good. But they are in a position of power over the tenant. As with so many situations in life, it's critically important to know your rights so you can establish a more equal position.

A limb fall from your tree onto a neighbor's house/fence/car? A limb fall from a neighbor's tree and damage your property? Don't start a war with them. Instead, give us a call and we'll explain the proper steps to take to legally and peacefully rectify the situation: 518-436-0775.

It may seem like strange (and obvious) advice, but do not ignore a traffic ticket. I just spoke with an educated and intelligent person who is now dealing with a suspension notice from DMV. Apparently, he received a ticket back in January and forgot all about it. He did not go to Court on the return date and never called them. The local Court at some point (at least 60 days from when the the ticket was issued) turned the matter over to DMV, which sent a notice giving him anot...her period of time before his license would be suspended. Had he responded to the ticket by contacting the Court, the suspension could have been stopped and the ticket resolved. But that time has now passed and his license is suspended. He must go to the Court, pay an additional $70 and have the suspension lifted. This, however, is at the discretion of the Court. They may choose to leave him suspended until the ticket is resolved. Regardless, he still must answer the ticket and it has cost him an additional $70. Bottom Line: because of the pandemic your daily routine may be drastically different and you may be driving less but still DO NOT ignore a traffic ticket or the fines that come with it.

Run into a legal problem this weekend (literally or figuratively)? Don't go it alone. Give us a call and we'll discuss your case for free and determine the best direction to go. Get the personal attention you need from the firm you trust.

Thoughts on the legacy of my hero Justice Ginsburg. bit.ly/3mNpvUM

As I sat down to write this week’s blog post, there were so many subjects that tempted me. I decided, however, to save them for another time. I received some sad news this week that caused me to change course with this post: my high school principal, Art Walker, had passed away. I am very lucky in that both of my parents have been (and continue to be) amazing role models for me. They’re both intelligent, compassionate, fair and loving. They have successfully navigated a long-...term marriage and created a (mostly) functional family. They have always placed a high value on education, family, hard work, faith and treating others well. I am even luckier in that, along the path of my life, I have met other people who have influenced me and shared these values. Mr. Walker was one of those people. As a student at Shaker High School, I watched him run the school with compassion, a love of learning and support for both teachers and students. He was fair and supportive. I served on a Board he ran for all four years of school so I dealt with him quite a bit. Our interactions were far more than the average student/principal. I felt that I really got to know him. He was a special person and a gifted educator. As an adult, my relationship with Wr. Walker continued. He became a Proskin Law Firm client and I served on a couple of District committees with him. I was allowed to have a true friendship with him as we rekindled our relationship. He continued to give so much of himself to the school, community and, of course, his family. I’ll never forget his attendance at one award ceremony at Shaker during the time my daughter was a student. He had long since retired, but was supporting the school. I brought my family over to meet him and introduced him as Mr. Walker. He met my family and then gave me his grin, telling me that it was really time for me to call him Art. He chuckled when I told him that I just couldn’t do that. He would always be Mr. Walker to me. This kind, gentle and caring man gave everything he could to his family, Shaker High School and his community (in that order). Throughout the years there have been so many times I was faced with a problem and tried to think like him to resolve it. I’ve been fortunate to have so many positive influences in my life and to count Mr. Walker among them. While I’m very sad for his passing, I consider myself blessed to have known him.

With the start of the NFL Season comes a dramatic increase in the consumption of alcohol specifically beer even with bars and restaurants operating under certain restrictions. And more people will be drinking at home and at other's homes. DO NOT DRINK AND DRIVE! Don't let the frustration caused by the pandemic distract you from this Cardinal Rule. If you are involved in a DWI-related accident call us: 518-436-0775. We'll make sure you are properly compensated for damage...s caused by another driver. The Proskin Law Firm: The Experience You Need The Expertise You Deserve.

On this 19th anniversary, it's important more than ever to remember the victims and the heroes.