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Happy Passover and Easter

Fri, 03 Apr 2026 17:52:06 GMT

The Lake Placid Office will remain open during regular business hours. The Tupper Lake office will be closed on Monday, April 6, and will reopen on Tuesday, April 7 at 8:30 a.m.

Flink Maswick Law PLLC and its Attorneys Nominated in Multiple Categories for Best of the Mountains 2026

Fri, 03 Apr 2026 13:23:55 GMT

We are excited to announce that Flink Maswick Law PLLC and some of its attorneys have been nominated again this year in multiple categories for the annual Best of the Mountains contest, which is hosted by the Adirondack Daily Enterprise .

In addition to being nominated for Best Law Firm, which Flink Maswick Law PLLC has won the past three years in a row, Attorneys Molly S. Hann and James L. Maswick have both been nominated for the Best Attorney category for the third year in a row. Molly S. Hann won in this category in 2024 and 2025, and James L. Maswick won in 2023.

Additionally, Flink Maswick Law PLLC has been nominated for the category known as Best Customer Service.

It is an honor to be recognized, especially by the community we are proud to serve daily. If you would like to support us, voting is now open and we truly appreciate the trust of our community. You can vote via the Adirondack Daily Enterprise website until May 5, 2026.

No matter the outcome, Flink Maswick Law PLLC is grateful to be part of such an incredible community and to continue doing the work we care about.

Please follow this link for voting - dailygazette.secondstreetapp.com/Best-of-The-Mountains/

Flink Maswick Law Issue with Phones - March 23, 2026 to present

Wed, 25 Mar 2026 18:31:58 GMT

We have had clients report to us on Monday, March 23, 2026, and Tuesday, March 24, 2026, that they had trouble calling our offices. We have been working with our phone carrier to fix those issues, with some calls connecting and others not. We are advised that this issue is fixed by our phone carrier. However, if you still experience this issue, please report this to our business manager Kasey L. Donahue via email at kdonahue@flinkmaswicklaw.com so that we may continue to have our phone carrier work on this issue.

We apologize for any inconvenience this has caused. Thank you for your ongoing trust and support.

Town of Harrietstown Resident and Facing a Substantial Increase in your Real Property’s Assessed Value? You are not alone!

Wed, 18 Mar 2026 19:42:20 GMT

Our office frequently handles tax assessment work for clients. As many people know, reductions in real property taxable assessed value season starts in March and goes through most of May in full force. Not unlike our Adirondack end of winter weather!

Our office has been inundated with calls from Harrietstown town residents and property owners regarding significant increases in assessed value of the property. Please feel free to reach out to us if you think that your assessed value is artificially high or is unfair, but please keep some things in mind.

Based on our review of matters, the Town of Harrietstown has been operating at an equalization rate of under 100%. For example, in 2025, the equalization rate was 70.21%. This meant that people were being assessed below what was considered fair market value by the Town of Harrietstown’s assessor’s value placed on the property.

The Town of Harrietstown has sought to reassess properties at what they believe to be fair market value and use a 100% equalization rate. Thus, numerous property owners, if not all, have seen their assessed values rise significantly.

However, the Town of Harrietstown included a hypothetical estimate table on its 2026 assessment notifications for folks who own property in Harrietstown. The bottom right-hand corner of this table shows property owner’s estimated increase in taxes vis a vis the increased assessed values. As it is anticipated that every property owner’s assessed values are basically increasing, some folks will see tax increases; some will see their taxes remain relatively flat, and some will actually see their estimated taxes decrease. Thus, please note that, your real property fair market value doubling in assessed value does not mean that you are going to pay twice as much in taxes next year.

You have the right to contest this proposed increase in assessed value if you choose. If you are interested in discussing your potential tax assessment challenge, please do not hesitate to contact our office at (518) 523-2441. Please provide us with a copy of your 2026 assessment notification to aid our review. Thank you.

Tupper Lake Office Reopens!

Tue, 17 Mar 2026 17:48:31 GMT

Flink Maswick Law PLLC’s Tupper Lake office is back up and running as of Tuesday, March

17, 2026! As you may have noticed and as we have previously announced, renovation work had closed the office down for a number of weeks. Molly and Rachael are settling back into the

office. The office is open Monday – Friday from 8:30am to 5pm.

Stay tuned for more information about our new space!

Please feel free to call the Tupper Lake Office at (518) 359-5175 to speak with Attorney Molly

S. Hann or her assistant, Rachael Kmack.

Tupper Lake Office Remains Temporarily Closed

Tue, 10 Mar 2026 20:37:30 GMT

Our Tupper Lake office remains temporarily closed for renovations as of Tuesday, March 10,

2026. We anticipate it will be closed for the majority of this week, if not the entirety of this

week. We are getting close to reopening but still cleaning up. All Tupper Lake attorneys and staff

who regularly work out of that office remain available and working out of our Lake Placid office

and mail is checked every business day.

Thank you so much for your ongoing support and understanding!

Tupper Lake Office Work Continues

Fri, 27 Feb 2026 15:05:19 GMT

The ongoing renovations of Flink Maswick Law PLLC’s Tupper Lake office (and subsequent

final touches and cleaning) will cause the office to remain closed for at least another week,

through Friday, March 6, 2026. We hope to have the Tupper Lake office back up and running on

March 9, 2026. However, this is a fluid situation based on the progress of the renovation work

and cleaning.

All Tupper Lake personnel are working out of the Lake Placid office during this time. Please

direct all calls to our Lake Placid office.

Thank you for your continued support and understanding. We cannot wait to show you the

finished space!

Attorney Molly S. Hann speaks to Keene Central School Seniors

Wed, 25 Feb 2026 20:44:15 GMT

Attorney Molly S. Hann joined a senior seminar class discussion at Keene Central School on February 13, 2026. The class was led by teacher Tonya Lackey and counselor Jatha Johnson. Local Attorney and colleague Amy L. Smith joined Flink Maswick Law PLLC’s Molly S. Hann to share and discuss advice the students might need to know as they turn 18 and enter the world as adults. The students read this article https://nysba.org/wp-content/uploads/2019/12/NowThatYouveTurned18Booklet.pdf in preparation for the classroom visit.

Contact Flink Maswick Law PLLC if you are interested in having one of our attorneys join your class or speak to your group.

President's Day

Mon, 16 Feb 2026 16:25:54 GMT

In observance of Presidents’ Day, our Lake Placid office will be closed on Monday, February 16, 2026. We will resume normal business hours on Tuesday, February 17, 2026 at 8:30am. As a reminder, our Tupper Lake office remains temporarily closed for renovations.

Flink Maswick Law Tupper Lake Office Temporarily Closed for Renovations

Mon, 09 Feb 2026 17:02:00 GMT

Flink Maswick Law PLLC’s office located at 56 Lake Street in Tupper Lake is temporarily closed for renovations. We anticipate the office will be closed for the next 3 weeks.

During this time, all Tupper Lake attorneys and staff will be working from our Lake Placid office.

Mail received to the Tupper Lake office will continue to be checked regularly, and all phone calls will be forwarded to our Lake Placid location.

Thank you for your understanding and continued trust. We cannot wait to show the completed refinished space to the community!

Flink Maswick Law PLLC Partner Jill O'Sullivan Featured in New York Law Journal

Thu, 05 Feb 2026 13:24:03 GMT

Flink Maswick Law PLLC Partner Jill E. O’Sullivan Featured in New York Law Journal

We are pleased to share that Attorney Jill E. O’Sullivan, a partner at Flink Maswick Law PLLC, was recently one of three members of the NY legal community featured in a New York Law Journal article entitled “ Courts, State Bar Collaborate to Recruit Attorneys to Rural New York ,” written by Brian Lee.

The article, published on February 2, 2026, explores the Rural Ready program which is being developed by the New York State Bar Association and Unified Court System to address the dwindling number of attorneys in rural areas in Upstate New York. The article highlighted Third Department Appellate Division Justice Honorable Stanley Pritzker and Attorney Deborah J. Cohn, in addition to Attorney O’Sullivan, all of whom sought work in rural communities after relocating from more urban areas.

Attorney O’Sullivan moved nearly 23 years ago from Westchester County to Saratoga Springs before finding her current home in Lake George. As Jill notes, quoted in the article, “I have never regretted my decision to move up here and practice in the very far northern reaches now.” Those of us at Flink Maswick are glad that Jill feels this way!

Handling matrimonial, family, general civil law and commercial litigation as a partner at Flink Maswick Law PLLC, Attorney O’Sullivan practices most frequently in the furthest northeast corner of New York, including but not limited to Essex, Clinton, Franklin and St. Lawrence Counties. Flink Maswick Law PLLC is proud to have Attorney O’Sullivan as a partner and to

see her leadership and perspective recognized by the New York Law Journal .

The article also features a photo of Attorney O’Sullivan and is available here:

Courts, State Bar Collaborate to Recruit Attorneys to Rural New York | Law.com (account required)

The attorneys at Flink Maswick Law PLLC regularly speak to groups, clubs, organizations and classes, in addition to speaking to the press when circumstances are appropriate. If you are a member of the press or media and seek to discuss a matter with an attorney in our office, we invite you to contact Flink Maswick Law PLLC at (518) 523-2441 .

Observing Martin Luther King Day 2026

Mon, 19 Jan 2026 14:06:35 GMT

Our offices will be closed on Monday, January 19, 2026, in observance of Martin Luther King Jr. Day. All offices will reopen on Tuesday, January 20, 2026 at 8:30am.

Maswick Defends DMV Refusal Hearing

Wed, 14 Jan 2026 15:01:04 GMT

James Maswick, an attorney with Flink Maswick Law PLLC who primarily works in our Lake Placid Office, recently successfully defended a client in a New York State Department of Motor Vehicles Division of Safety and Business Hearings “Refusal Hearing”, when the client was charged with, among other things, Vehicle and Traffic Law 1192(4), operating a motor vehicle while impaired by drugs. The client allegedly refused to take multiple forms of chemical tests that the police officers allegedly sought to be administered.

The successful defense led to the finding of "insufficient evidence" by the Administrative Law Judge in this matter. Maswick's defense for the client involved cross-examining two New York State Troopers in this matter. His client did not testify.

If you or someone you know is in this situation or something similar and needs assistance, please do not hesitate to contact us.

Maswick and Team Secure $100,000 Settlement for Client in Car Accident Case

Fri, 02 Jan 2026 18:16:15 GMT

Attorney James Maswick led the Flink Maswick Law PLLC team which secured a $100,000 settlement for a plaintiff client in a case involving a motor vehicle accident. This settlement included the insurance policy limits of the offending driver and recovering the maximum amount of coverage from our client's own insurance policy based on what occurred in the accident. This settlement underscores the importance of having appropriate Supplementary Underinsured Motorist coverage, commonly known as SUM coverage. Our client is particularly pleased that they had this coverage in place to protect themselves from dangerous drivers who do not have adequate insurance coverage or who carry insurance coverage which is only at the state minimum amount, and which was wholly inadequate to compensate the client for the injuries suffered.

If you know someone who is in a situation where they have been injured in a motor vehicle accident, please do not hesitate to have them reach out to our firm for a free consultation. We represent and help folks who are injured in all sorts of personal injury cases, including motor vehicle accidents, and can review your options with you in any potential case you may have.

New Year's Day Closure Notice

Tue, 30 Dec 2025 13:37:11 GMT

Wishing you a bright and joyful New Year from the Flink Maswick Team! Thank you for your continued support. Cheers to an amazing 2026!

Our offices will be closed on January 1, 2026 as we celebrate with our friends and families, and we will reopen on January 2, 2026 at 8:30 AM.

Holiday Office Closure Notice

Mon, 22 Dec 2025 18:50:28 GMT

As the holiday season approaches, our team at Flink Maswick will be spending time celebrating the Holidays and Christmas with our friends and families.

Our offices in Lake Placid and Tupper Lake will be closed from Wednesday, December 24, 2025 through Friday, December 26, 2025. All offices will reopen following the weekend on Monday, December 29, 2025 at 8:30 AM.

We wish you and your loved ones a very Merry Christmas and Happy Holidays filled with peace, joy, and good health. Thank you for your continued trust and support.

Offices Closing at 4pm Today (12/17/25)

Wed, 17 Dec 2025 19:47:27 GMT

In celebration of the holiday season, Flink Maswick Law PLLC's offices in Lake Placid and Tupper Lake will be closing at 4 p.m. today, as we all gather to celebrate our year. In the event you have pressing business that cannot wait, please call and leave a voicemail on the general voicemail box, which will be monitored. Thank you for your understanding and Happy Holidays!

Happy Hanukkah!

Fri, 12 Dec 2025 13:18:44 GMT

Happy Hanukkah! May the Festival of Lights bring you comfort, blessings, and renewed hope.

Wishing You a Happy Thanksgiving! Our Office Will Be Closed.

Wed, 26 Nov 2025 20:10:52 GMT

Our offices will be closed on Thursday, November 27, 2025 and Friday, November 28, 2025 in observance of the Thanksgiving holiday. We will reopen on Monday, December 1, 2025 at 8:30 am.

As we take this time to celebrate the Thanksgiving holiday with our families and friends, we hope you also enjoy a warm, restful, and meaningful holiday surrounded by the people who matter most. We are grateful for our clients, our community, and the trust you place in us every day.

Maswick Quoted in Real Estate Firm’s Blog Post on Smoke Detectors

Wed, 12 Nov 2025 17:32:32 GMT

James L. Maswick, a partner with Flink Maswick Law PLLC, was asked to contribute his

thoughts to a real estate blog post from a Lake Placid-based real estate agency, Merrill L.

Thomas, Inc.

You can access the blog post, which is entitled “Smoke Detectors in Real Estate Transactions”

and is written by realtor Jonathan Gorgas, via this link:

https://www.adirondackestates.com/about/real-estate-blog/smoke-detectors-in-real-estate-

transactions/

Jamey thanks Jonathan and the folks at Merrill L. Thomas for asking him to contribute to this

effort, especially on such an important topic.

If you would like attorneys from our office to either speak to your group or contribute in writing

for matters such as a blog post, article, comment, quote, or the like, please do not hesitate to

reach out to our firm.

Veteran's Day 2025

Fri, 07 Nov 2025 15:15:21 GMT

Our offices will be closed on Tuesday, November 11, 2025 in observance of Veterans Day.

We will reopen Wednesday, November 12 at 8:30 a.m.

Thank you to all veterans for your service and sacrifice!

Edward B. Flink Named 2025 Super Lawyer for 15th Consecutive Year

Fri, 24 Oct 2025 11:50:29 GMT

We are proud to announce that Edward B. Flink has once again been named a Super Lawyer for 2025, marking his fifteenth consecutive year receiving this distinguished honor.

Ed has been recognized in Insurance Coverage in the Super Lawyers publication for Upstate New York, a testament to his continued excellence, integrity, and commitment to the practice of law.

The Super Lawyers designation is awarded through a multi-phase selection process that includes peer nominations and evaluations by fellow attorneys. Fewer than 5% of attorneys earn this title, making this recognition a significant milestone in any legal career.

At Flink Maswick Law PLLC, we are fortunate to work alongside such a dedicated legal professional. Ed’s knowledge and leadership continues to set the standard in the field of insurance law.

Please join us in congratulating Ed on this well-deserved achievement!

Closed Monday, October 13, 2025

Fri, 10 Oct 2025 19:35:49 GMT

Our office will be closed on Monday, October 13, 2025, in observance of the federal holiday. We will resume normal business hours on Tuesday, October 14 at 8:30 am. Thank you for your understanding and continued support.

Wishing You a Happy Labor Day!

Thu, 28 Aug 2025 19:35:15 GMT

Labor Day is a time to recognize the dedication and achievements of workers in every field. We at Flink Maswick Law are grateful for the hard work that keeps our communities strong. We will be enjoying a well-deserved day of rest, relaxation, and time with family and friends, and hope you will be too!

Our offices will be closed on Monday, September 1, 2025, in observance of the holiday. We will reopen on Tuesday, September 2, 2025, at 8:30 AM.

Favor Ray Smith, Lake Placid Attorney 1939-2025

Fri, 22 Aug 2025 18:56:14 GMT

Some of us in the office are out today attending the final services of Favor R. Smith, a well-known attorney and longtime Lake Placid resident who passed away in late July of this year. Favor’s son, Favor J. Smith, also an attorney, worked with Flink Maswick Law PLLC for a number of years. Below please find the thoughts and reflections of Ed Flink about Favor R. Smith. From all of us at Flink Maswick Law to Favor’s family, we are thinking of you during this difficult time.

Thank you,

Jamey Maswick

Reflections on one of the best lawyers I’ve ever known

By: Ed Flink

I first met Favor R. Smith in June 2004. I was introduced to Favor by my good friend, attorney Charley Walsh, who by that time was referring me and my law firm Flink Smith some of his cases and working with him on his files. At the time, I was as Walsh said then, his “fresh legs”. Charley thought that Favor and I would be a good match and that Favor would also like working with me and our firm.

Favor and I met at the “Law Office” as he had stenciled on the exterior glass door at what was then 159 Main St. where Flink Maswick Law PLLC now has its offices. That was also how they answered the phone, “Law Office”, at Favor’s firm.

The Law Office was then in a Chalet-style office building with a blue tin roof and tan stucco siding, which had a 1960’s/1970’s look and feel to it, right down to the shag carpeting. After meeting in his actual office with him sitting at the desk, where I sat for a time after we joined forces, and Jamey now sits, we moved the meeting to the Cottage. We did not end the meeting until five hours later, and as Walsh predicted, we became fast friends and quickly hit it off.

By that time, of course, Favor was already famous for his representation of many clients, in all sorts of cases and matters including his fellow Harley riders who were charged for slowing things down on the Northway for, by recollection, a protest against the helmet laws.

As our discussions continued into the summer, the association became a merger of our law practices. Ellen and I bought the building which in addition to the Law Office, housed a real estate office next to the law office on the first floor, which is still the case now, and two apartments on the ground floor. It became another office for Flink Smith Law, at that time based in Albany and just made sense as an expansion of the firm. Flink Smith had already been doing a lot of work in the North Country even before we started to work with Charley and his clients dating back to my work as a trial lawyer for several insurance companies in the North Country, and for some business folks in Lake Placid. I joked with Favor that when we decided to open an office in Lake Placid, we were looking for attorneys who were either named Flink or Smith, and that it was easier to find a Smith. That is not the first time I’ve told that anecdote.

To the point about Favor, however, he was as I say one of the best attorneys I ever knew, and it was a privilege to work with him towards the end of his stellar career. When you hired Favor, you had someone who would do anything he could ethically within the bounds of the law and decency to represent his clients and get the best possible result, no matter what. He did not worry about anyone, but his clients’ rights, and was always willing to let the chips fall where they may. If there was someone who did not understand that, and chose to resent or speak ill of him, so be it. In the end, he was dedicated to his clients always and served them and the community well. He helped a lot of people out of a lot of jams, and got excellent results for his clients by doing the hard work and good thinking. He did not curry favor (no pun intended) with anyone or use (or abuse) his influence.

He was a lawyer’s lawyer, treating everyone with respect and earning folks’ trust.

When Ellen and I visited Favor this past April, it was tough to see him in a wheelchair and so physically limited, but his mind was 100% clear. We even joked about the fact that while he had some problems with memory, or senior moments like most of us do, he was still able to think clearly and the twinkle in his eye was still there revealing that beautiful mind that was still working pretty darn well.

Favor, may you ever rest in external peace. You made a huge difference for a lot of people. You are truly remembered, and will live on in the hearts and minds of many, many people.

Tupper Lake Office Temporary Closure

Tue, 22 Jul 2025 19:50:09 GMT

Please note that our office in Tupper Lake will be closed due to construction renovation work

from Monday, July 28, 2025 through Friday, August 1, 2025. During this time, our team will be

available for in-person visits, calls, or email responses while they work from our Lake Placid

office.

We encourage you to plan accordingly and reach out if you have any questions. Our Tupper

Lake office will resume normal operations again on Monday, August 4, 2025 at 8:30 a.m.

Thank you for your understanding and continued support. We hope you’re enjoying a safe and

relaxing summer!

Molly Hann Speaks on Real Estate Scams to Local Realtors

Mon, 21 Jul 2025 17:01:41 GMT

Attorney and partner Molly S. Hann of Flink Maswick Law PLLC was invited to speak to the Adirondack Champlain Valley Realtor group on July 17, 2025 at the Malone Golf Club. She spoke at the annual ACV realtor member meeting luncheon and discussed the topics of scams, fraud, and land scams. Molly spoke to a crowd of some 15 realtors that were present and took questions after.

If you would like Molly or another attorney associated with Flink Maswick Law PLLC to speak to your group, please do not hesitate to contact us regarding availability.

Part 1: Statutes of Limitation: Personal Injury Claim Deadlines Explained, General Negligence

Thu, 17 Jul 2025 16:38:40 GMT

Note from James L. Maswick –

I asked our Law Clerk, Madison J. Marshall, to write a brief series on statutes of limitation in actions which involve personal injury. Madison’s series will explore how they can differ by cause of action, by defendant, and by the tort that is alleged. This is part 1 – we hope you enjoy reading!

As always, for your specific situation, consult an attorney as soon as possible, as this series is for general information only.

When facing a potential personal injury claim, it is important to know how soon a claim must be filed before you are barred from pursuing legal action forever. The time limit, also known as the statute of limitations, depends on the type of harm that has occurred, who the defendant(s) is/are and what torts are alleged.

The most common statute of limitations in a personal injury action is three years. Specific instances that require a lawsuit to be filed within three years encompasses most accidental occurrences, such as car accidents, slip and falls, negligent conduct, and product liability. The three-year statute of limitations is typically applicable to individuals, companies, corporations, and other groups, other than governments.

This three-year clock starts ticking on the date of the injury. There are exceptions to this rule, however, when the victim is a minor or when there are complications when determining the date the injury occurred. For example, if you were diagnosed with cancer connected to a job involving toxic waste and you quit the job five years ago, the date of the diagnosis would then start the three-year time limit. If you were a minor at the time of the accident, you may have three years to file a claim after your 18 ^th birthday.

But what if the alleged wrongdoer has fled the state or changed their name? This places a pause on the three-year time limit, as long as the alleged defendant is absent for at least four months within the three years and the lawsuit has been filed yet.

It is important to prioritize speaking with an attorney once you have suffered an injury as once the three years have passed, you typically are unable to seek justice and compensation later. In some instances, depending on who the defendant is, such as a municipality, action must be taken much more quickly than three years.

Please always consult an attorney for specific advice, as this article is not intended to provide specific advice regarding your matter.

Happy 4th of July!

Thu, 03 Jul 2025 19:50:47 GMT

Our offices will be closed on Friday, July 4th in observance of Independence Day. Happy Birthday America! We will reopen on Monday, July 7th at 8:30 AM .

We hope you have a safe and joyful 4th of July celebration with your friends and family!

Molly Hann Named "Best Attorney of the Mountains" for 2025

Thu, 26 Jun 2025 17:12:52 GMT

Flink Maswick Law PLLC is proud to announce that attorney and partner Molly S. Hann has been selected as the “Best of the Mountains” Attorney/Lawyer by readers of the Adirondack Daily Enterprise and Lake Placid News.

This marks the second consecutive year Molly has received this honor, a testament to her dedication to client service and legal excellence.

While Molly is deeply honored by the recognition, she shares the credit with the talented team at Flink Maswick Law.

Adding to the celebration, Flink Maswick Law PLLC was also named Best Law Firm in the same annual voting contest.

Molly focuses her legal practice on:

Real estate transactions

Land use and zoning matters

Estate planning and administration

Not-for-profit legal support

Small business advising

If you’re in need of legal guidance, we invite you to contact Flink Maswick Law PLLC. We’re here to support our community with trusted legal advice.

Flink Maswick Law PLLC Receives 2025 Best of the Mountains Readers’ Choice Award

Tue, 24 Jun 2025 16:26:37 GMT

We are proud to share that Flink Maswick Law PLLC has been awarded the Best of the Mountains Readers’ Choice Award for 2025 in the law firm category by the readers of the Adirondack Daily Enterprise and Lake Placid News.

This marks the third consecutive year our firm has been honored with this recognition, and we are truly grateful to everyone for their support.

This achievement reflects the hard work and dedication of the entire Flink Maswick team. We know that this award would not be possible without the commitment, professionalism, and service our team brings to our clients every day.

We also extend a heartfelt thank you to the readers of the Adirondack Daily Enterprise and Lake Placid News for their trust and continued support.

For more details about the voting and to see our printed thank-you to clients and friends, please check out the June 27, 2025 and June 28, 2025 edition of both publications.

Flink Maswick Law PLLC has offices in Lake Placid and Tupper Lake, and serves clients at our Albany office by appointment .

Offices Are Closed on Thursday, 6/19/25

Wed, 18 Jun 2025 17:59:36 GMT

In recognition of Juneteenth, our offices will be closed on Thursday, June 19, 2025. Our offices will reopen for normal business on Friday, June 20, 2025 at 8:30am.

Happy Father's Day!

Fri, 13 Jun 2025 17:55:54 GMT

On Sunday, we celebrate the strength, guidance, and dedication of all fathers. Thank you for the countless sacrifices you make every day.

Update to Theories of Recovery in Dog Bite Cases

Tue, 27 May 2025 19:33:58 GMT

In a landmark decision issued on April 17, 2025, the New York State Court of Appeals broadened legal rights for individuals injured by domestic animals.

The Court’s ruling in Flanders v. Goodfellow overturns the long-standing precedent that dog owners could only be held responsible if the owner knew of or should have known of prior bad behavior, or “vicious propensities.” Without proof that the owner knew or should have known of their animal’s vicious propensities, plaintiffs of dog-bite cases were often barred from being eligible for any financial recovery.

With the new ruling, New York Courts now allow victims to seek recovery for their injuries from a pet owner’s negligence in their duty to prevent their animal from causing harm, even if the pet has no prior history of bad behavior, which will act to expand pet owner liability when their pets injure a person.

The Old Rule: “One Free Bite”

The old rule played out to more or less permit one free “bad act,” including not only bites but jumping, running wildly free, and other dangerous propensities that expose people to the dangers of an animal. No matter the behavior, under the old rule, the owner would not be held responsible unless the injured party could prove the owner was aware the dog had a history of problems.

The old rule often made establishing liability a tall order for injured plaintiffs, who often have little or no information about the dog that injured them, especially before filing a lawsuit. An owner who professed their animal had never done anything dangerous before and where records did not contradict the owner often had a good defense to a claim.

If an owner knew of a dog’s vicious propensities, typically a prior bite or knowledge of conduct such as lunging, snapping, or barking aggressively, the owner could be held responsible for injuries caused by the dog, even if the owner did not act negligently.

For example, if the owner of “Chompy” was aware that Chompy had bitten someone before, the next time Chompy injured a person, Chompy’s owner would be held strictly liable for the injuries, regardless of the measures taken by Chompy’s owner to prevent the injury.

Conversely, if Chompy’s owner did not know or did not have reason to know of past instances of Chompy causing injury, it would not matter whether Chompy’s owner was negligent or not towards the person injured. The plaintiff would be barred from recovering under a negligence claim, even if Chompy’s owners were negligent, because they were not “on notice” of Chompy’s dangerous propensities.

The Court of Appeal’s ruling in Flanders v. Goodfellow recognized the unfairness of the strict liability rule to plaintiffs who may be seriously injured, but barred from recovery where they cannot prove the dog or animal’s past dangerous propensities.

Understanding the New Implications for Dog Owner Liability in New York

The Court overturned its own prior decisions, recognizing that the prior caselaw unfairly placed the burden of injuries on those injured while sometimes giving a free pass to negligent dog owners.

The landmark decision underscores the importance of understanding the legal responsibilities associated with dog ownership. It is also an important precedent for those injured by animals due to the negligence of their owners. For those injured by an animal, typically a dog, who want to bring a claim, it becomes even more important to select an attorney familiar with animal injury/dog bite cases and how to handle them.

Overview of the Case

The plaintiff, Jennifer Flanders, was a postal carrier bitten by a dog owned by the defendant, Thomas Goodfellow. Flanders approached the porch of a home to make a delivery and upon opening the door, defendant’s dog went out past him, lunging toward plaintiff and biting her shoulder. She suffered a severe injury that required surgical repair. The plaintiff pursued a claim in strict liability, stating the owner knew of the dog’s “vicious propensities.” The plaintiff also made a claim for the owner’s negligence in failing to restrain the dog and permitting him to run outside.

Evidence was presented that when other postal workers approached the property previously, the dog could be seen lunging at the window, growling, snarling, and biting at the glass. One postal worker described it as the most aggressive dog he had ever encountered on his route.

Despite this evidence, the lower Court dismissed the plaintiff’s claim, saying that the plaintiff had failed to prove that the owner was home and witnessed the dog’s prior behavior. The claim that the owner was negligent in failing to restrain the dog was also dismissed as a claim not permitted in New York. The Appellate Court agreed with the trial level Court’s Decision.

The Court’s Decision

The Court of Appeals, the highest New York State Court, reversed the long standing rule that a dog-bite victim’s only path to recovery is through strict liability and proving that the subject animal had vicious propensities of which its owner knew or should have known.

Dog owners can now be held liable for their negligence in controlling their animal to prevent injury to other persons. The Court of Appeals ruled that dog owners can be liable for injuries caused by their pets when they knowingly fail to manage their animals responsibly. The Court recognized that, “Tort law seeks to incentivize us to be mindful of the risk that our behavior might harm others by imposing a duty to act with due care … When people go about their daily lives, the law generally requires them to take reasonable steps to prevent foreseeable harm.”

Further, the Court held that the rule requiring proof of previous behavior lead to outcomes which were “unjust” at times. It should be for a jury to decide if the incident resulted from “dogs just being dogs” or from the negligent failure of the owner to properly supervise his pet.

The ruling sets forth a clear standard for negligence; dog owners are expected to possess knowledge of their dogs’ behavior. If a dog owner fails to take reasonable precautions, the owner may be found negligent even if the dog hasn’t acted aggressively in the past.

Pursuant to the Flanders ruling, a plaintiff who is injured by a domestic animal now has a choice. “If the owner knew or should have known the animal had vicious propensities, the plaintiff may seek to hold them strictly liable. Or they can rely on rules of ordinary negligence and seek to prove that the owner failed to exercise due care under the circumstances. Of course, a plaintiff might also assert both theories of liability, as Flanders, the postal carrier, chose to do. The Court emphasized the duty of dog owners to ensure their pets are safe around people, particularly in public spaces.

This is an essential clarification for personal injury claimants, as it opens a new avenue for plaintiffs who may have been injured by otherwise “friendly” dogs or dogs they cannot prove had prior problems, liability will no longer depend solely on past behavior but also on the owner’s duty to manage their pet responsibly.

Implications for Dog Bite Personal Injury Claims

Based on the new Court precedent from Flanders, dog bite plaintiffs now have two (2) approaches to recovery under NY Law.

1) Victims of an animal-induced injury can recover damages if the owner of the animal knew or should have known that the animal had “vicious propensities;” and/or

2) Victims of an animal-induced injury can recover damages if the owner of the animal was negligent and failed to exercise due care under the circumstances that caused the injury.

What’s a person injured by a dog or pet to do?

With these recent and significant changes to the law, it is very important that an injured person reach out to attorneys experienced in handling animal injury and dog bite cases as soon as practicable. The attorneys at Flink Maswick Law PLLC are pleased to discuss your potential case!

In Memory of Those Who Gave All

Fri, 23 May 2025 13:34:11 GMT

This Memorial Day, we honor and remember the heroes who made the ultimate sacrifice for us in the United States.

Please note our office will be closed on Monday, May 26, 2025 in observance of the holiday.

Happy Mother's Day!

Sun, 11 May 2025 17:34:19 GMT

Today, we honor all the incredible moms and wish you a day of peace, celebration, and heartfelt thanks.

Happy Law Day 2025!

Thu, 01 May 2025 20:18:18 GMT

The United States has celebrated Law Day on May 1st ever since President Dwight D. Eisenhower set forth the date in 1958 as a celebration of the rule of law in a free society. Law Day was also designed to bring attention to and help cause citizens to have a deeper understanding of the Constitution, jury service and how the rule of law has played a foundational portion in the establishment and history of our country.

The theme for Law Day 2025 is “The Constitution’s Promise: Out of Many, One.”

Flink Maswick attorneys will be taking part in Law Day celebrations associated with the Franklin County Bar Association, Warren County Bar Association, and Essex County Bar Association today and over the next week. Law Day celebrations include the presentation of the Liberty Bell Award, which is usually given to a non-lawyer in recognition of their contributions to the justice system.

For more information on the history of Law Day, please visit https://www.americanbar.org/groups/public_education/law-day/history-of-law-day/

Vote Flink Maswick for Best Law Firm in the Mountains!

Mon, 28 Apr 2025 19:05:49 GMT

We are excited to be in the running for Best Law Firm in the Adirondack Daily Enterprise and Lake Placid News’ Best of the Mountains annual competition! Our firm won this award last year and we would be honored to have your votes in 2025! If you agree, please vote Flink Maswick!

Not only are we up against some great firms in the region, but two of our attorneys, James Maswick and Molly Hann, are competing for Best Attorney, a separate award. While James won in 2023, Molly took the crown in 2024! Please get out and vote once a day now through May 4!

Voting daily through May 4, online only, at https://www.adirondackdailyenterprise.com/promo/?pid=5089#/

Big Boating Change You Need to Know for 2025 on New York’s Lakes and Bodies of Water

Fri, 04 Apr 2025 16:29:05 GMT

Summer is fast approaching and the marinas around Upstate New York will soon flood with eager boaters ready to enjoy the beautiful landscapes our region has to offer.

Before you pack your coolers and start towing your boat to the launch, you should be aware of a new law in effect in New York for many boaters that puts additional requirements on those operating a boat that have not been in place before.

As signed by former Governor Cuomo in 2019, Brianna’s Law requires all operators of most boats to hold a boating safety certificate after January 1, 2025. This law applies to operators of typical motorboats and pontoon boats, as well as all “mechanically propelled vessels.” The certificate can be obtained through an in-person class or an accredited online course. In person classes can be found on the parks.ny.gov website while a few accredited online courses are boaterexam.com, boatsmartexam.com, and ilearntoboat.com.

If you are visiting from another state and have obtained a certificate in accordance with your state’s law, the certificate must be issued from your current state of residence and the course must be approved by the National Association of Boating Law Administrators, indicated by the NASBLA logo on the certificate.

If you have just purchased a boat as you gear up for summer fun, there is a 120-day grace period to acquire the certificate.

Before you embark on your next water adventure, be sure to obtain your boating safety certificate to avoid running afoul of the law.

Presidents Day

Fri, 14 Feb 2025 15:38:22 GMT

In honor of Presidents Day, our offices will be closed on Monday, February 17, 2025 and will re-open on Tuesday, February 18, 2025 at 8:30 am.

O’Sullivan Achieves Victory for Client in Family Court

Tue, 28 Jan 2025 16:28:51 GMT

Jill E. O’Sullivan, an attorney with Flink Maswick Law PLLC, successfully moved to dismiss a petition brought against our client in Family Court, seeking modification of an order of custody based upon a settlement agreement reached in the client’s divorce action, which had been incorporated into their Judgment of Divorce.

Our client, the mother of the children, has primary physical custody. She moved with the children in order to take a new job, which would provide her and the children with more financial stability. The father of the children objected and filed the petition, seeking to modify the parties’ custody agreement, alleging the mother’s relocation was a change of circumstances warranting a modification of custody.

O’Sullivan successfully argued that the relocation did not constitute a change in circumstances, since the parties had contemplated such a change in residence by the mother and their settlement agreement explicitly addressed the issue, providing that our client could move up to 120 miles, and the client’s new residence was within that distance. The Court granted the motion to dismiss the petition in its entirety, without a hearing, and awarded our client reasonable attorneys’ fees.

If you require assistance with a matter involving child custody, call our office at (518) 523-2441 to speak with a family law attorney.

Phones Restored

jmaswick@flinkmaswicklaw.com — Thu, 23 Jan 2025 14:22:36 GMT

Our phone service has been restored. Thank you for your patience.

Phone Connectivity Issues on 1/22/25

jmaswick@flinkmaswicklaw.com — Wed, 22 Jan 2025 19:29:36 GMT

We are currently experiencing a phone connectivity issue, which we are working on to remediate now. We apologize for any inconvenience this may cause. Please feel free to email your contact at Flink Maswick Law PLLC or if you have a general inquiry or do not know your contact’s email, please email James Maswick at jmaswick@flinkmaswicklaw.com and it will get to the appropriate person. Thank you.

Observing Martin Luther King Day

Sat, 18 Jan 2025 13:40:41 GMT

Our offices will be closed on Monday, January 20, 2025, in observance of Martin Luther King Jr. Day. All offices will reopen on Tuesday, January 21, 2025 at 8:30am.

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Happy New Year!

Tue, 31 Dec 2024 17:21:54 GMT

Happy New Year! To celebrate the New Year’s holiday, we will be closed on Wednesday, January 1, 2025. Our offices will be reopening on Thursday, January 2, 2025 at 8:30 am. Best wishes for a New Year!

Happy Hanukkah!

Thu, 26 Dec 2024 21:23:28 GMT

Have a Happy Hanukkah from the team at Flink Maswick Law! May this Hanukkah be a bright and joyous celebration for you and your family.

Merry Christmas from Flink Maswick Law PLLC

Fri, 20 Dec 2024 20:03:27 GMT

Our offices will be closed all day on Christmas Eve, December 24, 2024, and Christmas, December 25, 2024, to celebrate the holiday and to spend time with our family and friends. We hope this season brings you peace, joy, and cherished moments with your loved ones. Our offices will reopen on Thursday, December 26, 2024 at 8:30am. Wishing everyone a wonderful and joyous holiday!

Closed for Holiday Party 12/10/24 at 1 pm

Tue, 10 Dec 2024 17:10:43 GMT

Our offices are closed for the rest of today, Tuesday, December 10, 2024, as we celebrate the holidays as a firm. Our offices will reopen on Wednesday, December 11, 2024 at 8:30am. If you require more immediate assistance than this, please call the office and leave a voicemail, as this will be monitored. Happy Holidays!

Happy Thanksgiving

Wed, 27 Nov 2024 21:45:27 GMT

From all of us at Flink Maswick Law PLLC, we wish you a very Happy Thanksgiving! We will be closed on Thursday, November 28, 2024 and Friday, November 29, 2024 to celebrate the holiday with our family and friends. Our offices will reopen on December 02, 2024.

What is Fair in Love and War

Fri, 22 Nov 2024 21:43:19 GMT

In New York, marriage is seen as more than just a societal standard of a public declaration of love and commitment, but also an economic investment and partnership between the two spouses. A divorce in New York initiates once one spouse brings a lawsuit against the other. While these matters can be resolved in different ways, in many divorces, the division of assets and finances play a significant role in divorce proceedings. With the majority of married couples not having a pre-nuptial agreement prior to getting married, which spells out how assets will be divided if a divorce occurs, an understanding of the process is important.

The divorce process includes the division of assets, called Equitable Distribution, which as a central principle is the ideas of equality and fairness when deciding who is entitled to what property. The goal of Equitable Distribution is to divide Marital Property fairly between the divorcing spouses, with an emphasis on equal monetary value to each divorced spouse, unless a prenuptial agreement says otherwise. There are exceptions in these matters when there are items purchased prior to the marriage or personal gifts or judgments from others outside of the relationship that are awarded during the marriage that are considered separate property and not subject to the principles of equitable distribution.

Under the state’s laws governing Equitable Distribution, property is divided into marital property and separate property. Marital property is typically anything that either spouse purchased or received during the marriage and prior to the execution of a separation or prenuptial agreement, even items that are titled to only one spouse. Retirement or pensions plans can be considered marital property for the purposes of equitable distribution. However, there are exceptions to these general propositions and reputable presumptions.

The Court has significant discretion is determining what is “fair” at times of dividing assets. Factors the Court considers when making these decisions are each spouse’s income, the length of the marriage, each spouse’s age and health, any maintenance awards, if the custodial parent needs to live in or own the marital home, the loss of health benefits from divorce, if there are claims of domestic violence, if there is a companion animal, and any other factor the court seems proper to consider. N.Y. DOM. REL. §236(5)(d)(1)-(16). The Court is to analyze each case based on its own unique facts and consider the lives effected by its decision.

Contact our attorneys at Flink Maswick Law PLLC that handle divorces to speak with us further on how this stage of divorce works.

The foregoing is not to be considered as legal advice and each case contains unique factors which should be considered by your attorney of choice.

Veteran's Day - Honoring Those Who Served

Mon, 11 Nov 2024 14:16:01 GMT

To all who have served, we honor your bravery, commitment and courage. Your sacrifices protect our freedom and inspire our gratitude.

Thank you to all Veterans for your selfless service.

Closed on 9/17 to Celebrate Our Staff

Fri, 13 Sep 2024 14:48:38 GMT

As the summer months are winding down, we at Flink Maswick Law want to celebrate our staff

and their hard work this year with a firm gathering. On Tuesday, September 17, 2024, our Lake

Placid office will be closed from 12:30pm-5pm and our Tupper Lake office will be closed all day

to enjoy time together as a team. Responses to emails will be delayed. Voicemail will be

monitored.

We will reopen on Wednesday, September 18, 2024 at 8:30am. Thanks!

Labor Day Celebration

Fri, 30 Aug 2024 15:40:45 GMT

Happy Labor Day! It's a day to honor every worker and celebrate the collective strength of every one of us. We at Flink Maswick Law wish everyone a restful day with family and friends!

We will be closed for the Monday, September 2, 2024 holiday.

Edward B. Flink Named 2024 Super Lawyer

Sun, 25 Aug 2024 19:40:53 GMT

Edward B. Flink Named 2024 Super Lawyer

Edward B. Flink has been named a Super Lawyer for 2024 for the fourteenth year in a row! Ed is honored to receive this designation for insurance coverage in the Super Lawyers publication for Upstate New York.

The Super Lawyer publication conducts a peer review process and honors those as a Super Lawyer who have attained a high degree of professional achievement along with strong peer nominations evaluations. It is computed via independent research and only 5% of attorneys are selected.

Flink Maswick Law PLLC congratulates Ed on this great achievement and well-deserved recognition. Kudos Ed!

The Types of Child Custody and Generally What Courts Consider

Fri, 26 Jul 2024 14:10:21 GMT

As a parent, your children are most likely your biggest concern amid a divorce action. When in such a tough situation, you may wonder what your options are for custody and what the court may look at when determining such an important aspect.

To start, custody can be generally defined as the parent’s rights to caring for and raising their child or children.

The standard the Court looks to when determining child custody is the best interest of the child. The Court is to approach each situation by looking at the “totality of circumstances” to see what is best for the child and are given a broad discretion in doing so. Common factors that play into this are the child’s needs, the environment of each parent, the parent’s mental health, the relationship between the child and the parent, education, and the parent’s finances.

The types of child custody come with different shares of responsibility and rights between the parents.

Legal custody refers to the parent or parents who has or have the right to make decisions about the upbringing of the child, such as education, religion, medical needs, etc.

Physical custody pertains to where the child remains with and is cared for by.

Both legal and physical custody are most often held by the parents as sole (1 parent) or joint custody (both parents).

Sole custody grants one parent the right to have physical custody of the child. The child resides with this parent and can solely make decisions on the child’s upbringing and welfare. This parent is typically referred to as the “custodian” of the child. The other parent may be granted visitation, which the custodian parent must allow and abide by.

Joint custody can be viewed as both parents sharing the responsibility to make major decisions regarding the child’s upbringing. This can be broken down into physical joint custody or legal joint custody. Physical joint custody refers to the parents splitting time with the child, while legal joint custody refers to the collaboration between the parents on how the child is raised and cared for.

While sole and joint custody are different in definition, a Court may impose that the parent granted sole custody must consult with the other parent and decide certain aspects of the child’s life such as medical care, religion, and education, therefore blending sole and joint custody.

Please contact our offices and speak with our attorneys if you need assistance with one of these matters.

Please always consult an attorney for specific advice, as this article is not intended provide specific advice regarding your matter.

DWAI, DWI, and Aggravated DWI: What’s the difference in the charges and penalties in New York State for first time offenders?

Thu, 18 Jul 2024 12:30:25 GMT

The attorneys at Flink Maswick Law PLLC frequently defend those charged with alcohol-based driving offenses. Questions we hear the most, especially for those charged with an alcohol-based driving offense for the first time, are about the differences in the charges and resulting penalties for those convicted of Driving While Ability Impaired (DWAI), Driving While Intoxicated (DWI), and Aggravated Driving While Intoxicated (Aggravated DWI).

One of the major determining factors with respect to what the driver will be charged with between these three offenses is the blood alcohol content (BAC) of the driver, meaning the amount of alcohol the driver has consumed.

DWAI can be charged when a driver is alleged to be operating a motor vehicle on a roadway while impaired by consuming alcohol.

DWI can be charged when a driver is alleged to be operating a motor vehicle on a roadway with a blood alcohol content of .08 or more. It can also be alleged against those that are allegedly operating their vehicle in an intoxicated condition but refuse to take a blood or breath test.

Aggravated DWI can be charged when a driver is alleged to be operating a motor vehicle on a roadway with a blood alcohol content of .18 or more.

While DWAI, DWI, and Aggravated DWI are all violations of New York Vehicle and Traffic Law §1192 (though different subdivisions of the law), they each have a different impact on first time offenders for those that are convicted. This is an overview of the potential consequences of each of these charges for first time offenders and is not to be considered a substitute for legal advice. Particular cases and situations should be reviewed with an attorney, as many factors not enumerated here, such as but not limited to having a commercial driver’s license, being a pistol permit holder, having prior convictions, having an immigration status other than permanent, being a resident of a different state other than New York or having a certain profession may cause differing and additional consequences for a defendant. Always seek counsel of your choosing when charged with an alcohol-based driving offense in New York State. The below is of general information for those charged with a first time offense in New York.

A DWAI, while just a violation (meaning not a crime, not a misdemeanor or felony), includes several repercussions, including: fines/fees ranging from $300.00 to $500.00 plus a $260.00 surcharge; a 90-day license suspension; possible registration suspension; a Driver Responsibility Assessment for three years at a cost of $250.00 each year to the New York State Department of Motor Vehicles; and likely required attendance at a Victim Impact Panel. The driver will also most likely need to obtain an alcohol and substance abuse evaluation from an OASAS-certified provider and successfully complete any recommended treatment. In most instances, the driver is eligible for a conditional license upon registering for the Impaired Driver Program. In addition to the more moderate consequences than DWI or Aggravated DWI, those convicted of DWAI can continue to represent that they do not have criminal record because it is a violation (so long as they have no other convictions to criminal charges in their past or concurrent with this matter) and are typically not required to install an ignition interlock device in their vehicle.

A DWI conviction is a misdemeanor in New York for first time offenders. A first offender can be subject to a fine ranging from $500.00 to $1,000.00 plus a $400.00 surcharge and/or 364 days in jail, probation, a six-month license revocation, possible registration revocation, a Driver Responsibility Assessment for three years at a cost of $250.00 each year to the New York State Department of Motor Vehicles; likely required attendance at a Victim Impact Panel and the installation of an ignition interlock device in all vehicles owned by the driver for at least six months and to pay for that installation and maintenance. The driver will also most likely need to obtain an alcohol and substance abuse evaluation from an OASAS-certified provider and successfully complete any recommended treatment. In most instances, the driver is eligible for a conditional license upon registering for the Impaired Driver Program. DWI is a crime and if convicted, one will have a criminal record.

An Aggravated DWI conviction, for first offenders, is a misdemeanor with possible harsher consequences than a DWI. If convicted of Aggravated DWI, a driver is then subject to a fine ranging from $1,000.00 to $2,500.00 and a $400.00 surcharge and/or 364 days in jail, probation, a one-year license revocation, possible registration revocation for one year, a Driver Responsibility Assessment for three years at a cost of $250.00 each year to the New York State Department of Motor Vehicles; likely required attendance at a Victim Impact Panel and the installation of an ignition interlock device in all vehicles owned by the driver for at least six months and to pay for that installation and maintenance. The driver will also most likely need to obtain an alcohol and substance abuse evaluation from an OASAS-certified provider and successfully complete any recommended treatment. In most instances, the driver is eligible for a conditional license upon registering for the Impaired Driver Program. Aggravated DWI is a crime and if convicted, one will have a criminal record.

If you find yourself charged with a vehicle and traffic matter, please feel free to contact either of our offices to speak with our attorneys and find out if we can assist.

Independence Day

Wed, 03 Jul 2024 18:50:24 GMT

As we approach the annual celebration of the United States’ independence, we wanted to take a moment to extend our warmest wishes to you and your families.

The 4th of July is a time for the celebration with family and friends of the freedoms and opportunities that our country offers.

In observance of this important holiday, our office will be closed on Thursday, July 4 ^th . We will resume normal business hours on Friday, July 5th. We hope you enjoy a happy and safe Fourth of July!

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HANN SELECTED BEST ATTORNEY/LAWYER OF THE MOUNTAINS

Thu, 20 Jun 2024 16:43:51 GMT

Molly Hann, an attorney/partner with Flink Maswick Law PLLC, was voted by the readers of the Adirondack Daily Enterprise and Lake Placid News as the “Best of the Mountains” in the Attorney/Lawyer category.

Molly is honored, and she credits and shares this award with the staff and attorneys at Flink Maswick Law who support her daily since her joining the firm in 2022. Molly is proud to have received this award along with Flink Maswick Law PLLC winning for Best Law Firm in the same Adirondack Daily Enterprise/Lake Placid News contest.

Molly focuses on real estate transactions, land use matters, estate planning and administration, not-for-profit guidance, and small business matters. If you find yourself in need of legal assistance, give Flink Maswick Law a call.

Flink Maswick Law Welcomes Law Clerk Madison Marshall

Thu, 13 Jun 2024 16:09:23 GMT

Flink Maswick Law PLLC is thrilled to announce that Madison J. Marshall has joined our team as a law clerk!

Madison is a current law student at Albany Law School, having completed her first year of school. She is also a graduate of St. Lawrence University. Madison is originally from North Bangor, New York and has future plans of staying in the Adirondacks.

At Albany Law School, Madison is an associate to the Anthony V. Cardona ’70 Moot Court Board for the Family Law Competition and Co-Chair of the Women’s Leadership Initiative Fellowship. Madison is interested in practicing family law, matrimonial matters, real estate, and education law in the future, but is trying out many different aspects of law in the interim in supporting the attorneys at the firm.

When not in the office, Madison is usually baking, dancing, or skiing. Let’s welcome Madison to Flink Maswick Law!

FLINK MASWICK LAW PLLC WINS BEST LAW FIRM

Tue, 11 Jun 2024 15:07:46 GMT

Top (L to R): Elliot Vanier, Janell Jansson, Alison Haas; Bottom (L to R): Molly Hann, Rackael Kmack, James Maswick

Missing from photo: Ed Flink, Sheila Goss Duerr, Matt Yaniro, Jill O'Sullivan, and Madison Marshall

Flink Maswick Law PLLC is pleased to announce that the readers of the Adirondack Daily Enterprise and Lake Placid News have awarded it Best of the Mountains Readers’ Choice award in 2024 for law firms. The team at Flink Maswick is thrilled to accept this award for the second consecutive year in which it has been awarded.

As a firm, we recognize that without the support of the full Flink Maswick team, this award would never have been possible. Flink Maswick also thanks all the readers of the Adirondack Daily Enterprise and Lake Placid News for their support.

Please see the June 28 and June 29 editions of the Lake Placid News and Adirondack Daily Enterprise for further information about the voting in this contest, as well as a thank you in print to our clients and friends.

Flink Maswick has offices in Lake Placid and Tupper Lake, as well as an office in Albany which is by appointment only.

D-Day, Remember and Honor

Thu, 06 Jun 2024 17:04:33 GMT

Today, we honor the heroes who stormed the beaches of Normandy, France 80 years ago.

We at Flink Maswick Law PLLC thank them for their sacrifices, courage, and unwavering commitment to freedom.

The St. Lawrence University Connection Grows!

Tue, 04 Jun 2024 15:40:27 GMT

Memorial Day

Fri, 24 May 2024 14:02:35 GMT

This Memorial Day, we pause to honor and remember the brave men and women who made the ultimate sacrifice in service to our country. Their courage and selflessness will never be forgotten. Today, we reflect on their sacrifices and express our deepest gratitude to those who gave everything for our freedom.

Please note that our office will be closed on Monday, 5/27/2024, in observance of Memorial Day. We will resume normal business hours on Tuesday.

#MemorialDay #HonorTheFallen #NeverForget

Flink Maswick Welcomes Attorney Elliot Vanier to the Firm!

Fri, 17 May 2024 20:11:20 GMT

Vote for Best Law Firm and/or Attorneys in the Adirondacks!

Sat, 27 Apr 2024 15:23:51 GMT

Let’s have fun with this and see who wins! Vote daily starting today, April 27 at www.adirondackdailyenterprise.com/best or www.lakeplacidnews.com/best

We are excited to be in the running for Best Law Firm in the Adirondack Daily Enterprise’s Best of the Mountains. Not only are we up against some great firms in the region, but two of our attorneys, James Maswick and Molly Hann, are competing against one another for Best Attorney.

Closing at 1 pm today (4/8/25) for the Total Solar Eclipse!

Mon, 08 Apr 2024 14:19:30 GMT

Lake Placid is in the path of totality for the Solar Eclipse! We are closing at 1 pm to enjoy this once in a lifetime event.

Flink Maswick Cohosts Business and Networking Group (BANG) on 2/21/24

Thu, 22 Feb 2024 19:39:40 GMT

On Wednesday, February 21, 2024, Flink Maswick Law PLLC and Tina Leonard Real Estate, LLC cohosted the latest Business and Networking Group (“BANG”) meeting. The group, which has existed for well over 15 years, involves a group of local businesses in the Tri-Lakes area. Employers and staff from a variety of establishments were present and sipped on coffee and discussed further ways to support member businesses and help current members succeed in their goals.

The BANG networking group is a great way to network and connect with other Tri-Lakes businesses in a casual setting and has fostered long term, strong relationships amongst members.

Maswick Speaks at Tri-Lakes Real Estate Investors Meet Up

Mon, 05 Feb 2024 19:37:08 GMT

Jamey Maswick, an attorney in our firm, spoke at the inaugural Tri-Lakes Real Estate Investors Meet Up organized by Ross Manny, a local real estate investor, at Bitters & Bones in Saranac Lake Wednesday, January 31, 2024. Jamey spoke on legal considerations in real estate investing and mentioned different concepts, concerns and ideas such as strategies for lending and planning ahead, insurance, taxes, dealing with the Adirondack Park Association and forming limited liability companies and making sure you have your partnership or LLC Operating Agreement in such a way that is clear for each of the partners. Jamey was happy to speak to the group, network with attendees after and was honored to be asked by Ross to speak at this inaugural event. Other speakers included a local builder, Steve MacNerland of Dak Builders, Inc., and local real estate agent Chase Jermano of Tina Leonard Real Estate.

If you would like Jamey or any of our attorneys to speak to your group, please don’t hesitate to contact us.

Maswick Prevails for Clients in Guardianship Trial

Wed, 24 Jan 2024 20:29:30 GMT

James L. Maswick, an attorney with Flink Maswick Law PLLC, recently had the opportunity to litigate a two-day trial between family members over who would make the best guardian for an allegedly incapacitated person (“AIP”). The AIP was another family member of all of the folks seeking to be guardian. James called seven witnesses in support of the petition and cross-examined witnesses produced by the opposing party.

The proof presented by Mr. Maswick at trial was overwhelming enough that the Court issued a Decision from the bench placing Mr. Maswick’s clients as co-guardians of the AIP moving forward.

If you or someone you know has a situation involving a guardianship proceeding, please don’t hesitate to contact Flink Maswick Law PLLC.

Flink Maswick Law Teams Up to Host Lake Placid Business Association

Fri, 19 Jan 2024 20:37:01 GMT

Flink Maswick Law PLLC, together with Tina Leonard Real Estate, hosted the Lake Placid Business Association (“LPBA”) January evening meeting and mixer on Tuesday, January 16, 2024 at their offices on Main Street in Lake Placid. It was a nice time to hear updates about some of the Town of North Elba and Village of Lake Placid news and upcoming events in town. The guests enjoyed food and drink and mingled. We thank everyone for coming and hope everyone had as good of a time as we did!

Happy New Year!

Thu, 28 Dec 2023 16:17:00 GMT

Happy New Year! To celebrate the New Year's holiday, we will be closed on Monday, January 1, 2024 and our offices will be reopening on Tuesday, January 2 at 8:00am. Thank you!

Merry Christmas from all of us at Flink Maswick Law!!

Fri, 22 Dec 2023 15:49:15 GMT

To celebrate the Christmas holiday, we will be closing on Friday, Dec. 22 at noon and the office will be reopening on Tuesday, Dec. 26 at 8:30am. Thank you!

Seasons Greetings and Happy Holidays to you and your family from Flink Maswick Law PLLC!

Mon, 11 Dec 2023 22:15:16 GMT

May you have a wonderful time and enjoy family and friends' company during this special time of year. One of the best parts of this time of year is getting together. Enjoy your time with loved ones!

Flink Maswick Law will be closing on Thursday, December 14, 20203 at 1 pm for our firm's holiday party. We will reopen on Friday, December 15, 2023 at 8:30 am. If you have something which requires immediate attention or assistance, please call the office and leave a voicemail in the general office voicemail box. This will be monitored and checked before the office reopens on Friday. Thank you!

Happy Hanukkah

Fri, 08 Dec 2023 21:15:10 GMT

May the Festival of Lights illuminate your way to a successful year ahead.

Happy Hanukkah from the team at Flink Maswick Law!

Happy Thanksgiving

Wed, 22 Nov 2023 21:14:14 GMT

We wish you and your family a Happy Thanksgiving.

Honoring our Vets on Veterans Day

Sat, 11 Nov 2023 16:16:44 GMT

Today, on Veterans Day, we're taking a moment to thank our Vets for everything they've done. It's a chance to recognize the real heroes who've fought for our freedom and the values we hold dear collectively as a nation.

Major Changes Coming for Property Disclosure Statements in New York State

Fri, 20 Oct 2023 18:38:46 GMT

New York State has recently made significant changes to the Property Disclosure Act which

governs Property Condition Disclosure Statements (PCDS). Governor Kathy Hochul, on

September 22, 2023, signed into law a bill which will become effective on March 20, 2024 at

which time two major changes will go into effect.

First, the $500.00 credit that a purchaser could obtain if sellers choose not to provide a PCDS

will be eliminated from the law. Thus, moving forward, a PCDS will be required for any party

who is subject to them absent another law in place that exempts them, such as when an estate

sells property. This law was advanced because a number of sellers believed that it was better to

simply provide the $500.00 credit as opposed to a PCDS to a purchaser. In upstate New York,

most sellers would provide a $500.00 credit; however, toward New York City/downstate, a

PCDS was almost never provided. Sellers attorneys in the Metropolitan Area of New York likely

saw this as a way to avoid potential liability for their clients, and the $500.00 that their client

would give up was not significant with the high property values in the New York City area.

In upstate New York and the Adirondacks, most sellers would provide a PCDS, as many realtors

and purchasers’ attorneys would suggest to their clients that if there was not one provided, it was possibly because the seller was purposefully not making any representations about the property.

It was possible that a seller had actual notice of some issues with the property that they did not

want to be compelled to share. The culture and custom at least in the northeastern part of New

York that developed after the PCDA was initially passed was to provide a PCDS, but clearly, this

was not the case in all parts of the state.

Starting March 20, 2024 however, sellers will be required to share these things if they are

required to provide a PCDS and not escape making representations with a $500.00 credit.

Another significant change to the PCDS starting on March 20, 2024 is that questions will be

added such that discuss flood hazards and flood plane issues. This will be a significant addition

and require some information be provided by a seller on these issues. The questions will include

whether the property is located wholly or partially in a 100-year flood plane, a 500-year flood

plane and whether the property is subject to any requirement under Federal Law to obtain and

maintain flood insurance on the property, if there is flood insurance on the property currently and whether the seller has ever filed a claim for flood damage, in addition to some other questions. This will be another significant piece of information that prospective purchasers will have on property moving forward.

Prior blog posts from our office have indicated the importance of closely reviewing and

providing an accurate PCDS as a seller and also analyzing same closely as a purchaser. This law

will only strengthen the need to do so on both sides.

If you have any questions on this topic, please don’t hesitate to contact our office.

New Property Disclosure Statement Question regarding Mold in the State of New York

Mon, 16 Oct 2023 19:55:46 GMT

As many folks who practice in real estate or are realtors have noticed, the Property Condition Disclosure Statement (“PCDS”) has been amended as of Summer 2023 to add a paragraph 19a, which asks, “Has the property been tested for indoor mold? If yes, attach a copy of the report.” This is a new addition to a PCDS that is required to be completed by the seller or the purchaser will receive a $500.00 credit against them at the time of closing if the property is subject to PCDS requirements. The change has largely been added because of the significance of indoor mold in many properties in Upstate New York and the result issues that can come from same.

A PCDS cuts against the regular “caveat emptor” or “buyer beware” principle that the law has taken on property transactions in New York. The new PCDS (available here: https://dos.ny.gov/system/files/documents/2023/06/property-condition-disclosure-statement.pdf ) requires sellers to provide information about their property of which they actually know about unless they choose not to provide said statement and provide the $500.00 credit at closing.

A PCDS is a very powerful document which sellers must take care in completing and purchasers should review carefully when considering buying pieces of property.

If you have any questions regarding the new PCDS or anything else related with purchasing or selling property in New York State, please reach out to our office.

Fall Starts Off With a BANG

Fri, 29 Sep 2023 19:00:47 GMT

On Wednesday, September 20, 2023, Flink Maswick Law PLLC and Tina Leonard Real Estate, LLC cohosted the monthly Business and Networking Group (“BANG”) meeting, which involves a group of local businesses in the Tri-Lakes area. Employers and staff from a variety of establishments were present and enjoyed coffee and pastry while hearing about Flink Maswick Law’s practice from attorney James Maswick and meeting Tina Leonard Real Estate’s newest Licensed Real Estate Salesperson, Crystal Plowe-Sovey.

Flink Maswick Law was eager to show local business representatives, owners and friends their newly expanded office space, introduce new staff members, and discuss ways we can assist and partner to make their businesses as successful as possible.

The BANG networking group is a great way to network and connect with other Tri-Lakes businesses in a casual setting. The monthly networking meetings allow others to learn about one another’s services, ways to help other businesses with referrals, and discuss potential issues that may arise.

MASWICK SPEAKS TO SUNY ALBANY CLASS

Thu, 21 Sep 2023 17:58:15 GMT

Attorney James Maswick, a Capital Region native, spoke to the State University of New York Albany Intro to Law Class on Wednesday, September 20, 2023 as part of a virtual panel discussion with law school students and other attorneys. The class is taught by Attorney Richard Bader, who also was a teacher for Jamey when he participated in the New Visions Law & Government class in downtown Albany during his senior year of high school. The students asked great questions, including about how to know if law school is right for you, how to choose a law school and what law schools look for as part of their admissions process.

In the event that you would like Jamey or another member of our firm to speak to your group, please don’t hesitate to contact us. We would be pleased to arrange a time.

Happy Labor Day

Fri, 01 Sep 2023 17:21:27 GMT

We wish all of our friends a meaningful, restful and happy Labor Day weekend recognizing all of you for your dedication, determination, and innovation.

The St. Lawrence University/Flink Maswick Law Connection

Tue, 29 Aug 2023 20:28:41 GMT

When one of our newest employees, Alison Haas, St. Lawrence University graduate ‘00, considered applying to work at Flink Maswick Law PLLC, she reached out to Attorney Molly Shubert Hann, class of ‘03.

Molly and Alison both graduated from St. Lawrence University. However, they did not know one another on campus. The two met years later as expectant mothers and realized they had both gone to St. Lawrence and shared several acquaintances. They maintained a friendship while their children grew and bonded over balancing family life and careers. When Alison was ready for a change in careers and Flink Maswick Law called to interview her, she discovered there were more St. Lawrence connections.

Molly was a teenager when she first met Attorney Ed Flink, ’73, while waiting tables in Lake Placid where Ed and his wife Ellen were second homeowners and now live full time. Molly met Attorney Jamey Maswick, ’06, while she was interning with the Essex County Public Defender’s Office. Jamey and Ed started working together shortly after the two met at a St. Lawrence University networking function at the Fort Orange Club in Albany while Jamey was a first-year law student at Albany Law School in the 2006-07 school year. At that time, Ed was looking to find a young attorney to work with him in the Lake Placid law office that Ed’s Capital District-based firm had recently opened. Maswick joined what was then Flink Smith Law and later partnered with Ed to begin Flink Maswick Law PLLC. It did not take too long until they asked Molly to join them.

At Alison’s interview, even more connections surfaced. Haas and Maswick both ran on the Track & Field team at SLU and discovered they know many of the same alumni. The St. Lawrence University alumni ties run deep and when the attorneys find themselves in St. Lawrence County to meet with clients or at the courthouse steps away from their alma mater, they joke about bringing back Sergi’s (if you know, you know) and always try to visit Brewer Bookstore.

FLINK & MASWICK BOTH RECEIVE SUPER LAWYERS HONORS FOR 2023

Thu, 24 Aug 2023 16:31:21 GMT

Edward B. Flink and James L. Maswick were both honored in the 2023 Super Lawyers publication for Upstate New York. The publication conducts a peer review process to determine those attorneys that receive the honor.

Edward B. Flink was named a Super Lawyer for the thirteenth straight year in Upstate New York!

James L. Maswick was named a Rising Star, honoring those lawyers who are under 40 years of age (when voting took place) for the eighth straight year in Upstate New York!

Super Lawyers honors those lawyers who have attained a high degree of peer recognition and professional achievement and is computed via independent research, peer nominations and peer evaluations. Only 5% of attorneys are selected to Super Lawyers and only 2.5% of attorneys are selected to Rising Stars. An attorney who is selected as a Rising Star is only eligible if they have been in practice for 10 years or less or 40 years old or younger.

DID YOU KNOW IT IS NOW MORE LIKELY YOU CAN SUE YOUR HUSBAND/WIFE/SPOUSE IN NEW YORK STATE IN A CAR CRASH?

Tue, 15 Aug 2023 17:27:54 GMT

Effective August 1, 2023, New York State requires automobile insurance companies doing

business in the State of New York to include supplemental spousal liability coverage on their

auto policies unless the insured opts out of the coverage. Previously, this little-known coverage

was available to spouses in New York State, but one had to opt in to obtain it, including with

higher premiums likely to be paid.

Under a traditional auto insurance policy, there is no coverage available for serious injuries

suffered if the accident was caused by the spouse of the injured party. This supplemental spousal liability insurance coverage provides coverage when a spouse suffers serious injuries in an automobile accident and their spouse was at the wheel at the time of the accident and/or caused the accident.

This requirement to opt out, rather than opt in, will likely cause this supplemental spousal

liability coverage to be at issue in more and more cases, as more drivers will likely choose not to

opt out and thus, have this coverage available. The impact on both sides could be significant. For

instance, spouses often travel in the same car. If this coverage is available, a party may choose to

bring an action against their spouse who was behind the wheel and caused an accident with a

serious injury. The availability of insurance coverage for these damages is a significant

inducement for potentially bringing an action against your spouse.

Additionally, for defendants in actions, it may place insurance companies in a strange position

where their insured may want to be found liable for an automobile accident in order to allow

their spouse to recover damages under the insurance coverage and might lead to spouses working together to ultimately cause a finding of liability against the driver spouse. These are some potential scenarios which all must be aware of when handling a motor vehicle accident case when a married couple is involved.

Flink Maswick Is A Proud Sponsor of the Saranac Lake Fun Run Series

Sat, 29 Jul 2023 13:44:10 GMT

Flink Maswick Law PLLC is a proud sponsor of the Saranac Lake Fun Run series, taking place on Thursdays throughout the summer at Riverside Park in Saranac Lake, NY. Free and fun for all ages, with distances for kids runs of ¼ mile, ½ mile, and 1 mile, and adult runs of distances between 2 to 5 miles. Sign up starts at 5:30 pm and the kids runs start at 6:00 pm.

Happy July 4th!

Tue, 04 Jul 2023 12:13:07 GMT

Happy 4th of July! As we light up the sky with fireworks, let's celebrate the spirit of freedom and independence. Enjoy the BBQs, parades, and quality time with loved ones. Wishing you a fantastic day filled with joy, laughter, and all things red, white, and blue!

Maswick Selected Best Attorney/Lawyer of the Mountains

Wed, 21 Jun 2023 12:21:44 GMT

James L. Maswick, an attorney/partner with Flink Maswick Law PLLC which he co-founded in 2018, was voted by the readers of the Adirondack Daily Enterprise and Lake Placid News as the "Best of the Mountains" in the Attorney/Lawyer category. Jamey was also selected as Best of the Mountains Lawyer/Attorney in 2018 and was runner-up for this award in 2019 and 2020.

While Jamey is humbled by this individual honor, he credits and shares this award with the attorneys and staff at Flink Maswick Law who support him daily. This award comes on the heels of Flink Maswick Law PLLC winning the award for Best Law Firm in the same Adirondack Daily Enterprise/Lake Placid News contest. Jamey is more proud of the firm award than he is of the individual award - Flink Maswick Law being a team effort!

Jamey and the firm handle just about all areas of the law in Upstate New York. If you find yourself in need of legal assistance, give Flink Maswick Law a call.

FLINK MASWICK LAW PLLC WINS BEST LAW FIRM

Thu, 15 Jun 2023 17:32:12 GMT

Flink Maswick Law PLLC is pleased to announce that the readers of the Adirondack Daily Enterprise and Lake Placid News have awarded it Best of the Mountains Readers’ Choice award in 2023 for law firms. In prior years, the contest did not delineate between law firms and individual attorneys. Flink Maswick is pleased to accept this award in the inaugural year in which it has been awarded.

The voting was conducted online by the local publications. Flink Maswick thanks all the readers of the Adirondack Daily Enterprise and Lake Placid News for their support and we are humbled by the honor. Please see the upcoming weekend editions of the Adirondack Daily Enterprise and Lake Placid News for further information about the voting in this contest, as well as a thank you in print to our clients and friends for their support.

It is also noted that, without the support of the full Flink Maswick team, this award would never have been possible.

Flink Maswick has offices in Lake Placid and Tupper Lake, as well as an office in Albany which is by appointment only.

Memorial Day Remembrance

Fri, 26 May 2023 19:45:20 GMT

We remember and honor the courageous men and women who have made the ultimate sacrifice while serving and protecting the United States and its people.

James L. Maswick has been nominated as "Best of the Mountains"

Sat, 22 Apr 2023 22:43:08 GMT

James L. Maswick, of Flink Maswick Law, has been nominated as a "Best of the Mountains" Attorney. If you agree, please vote daily!

https://adirondackdailyenterprise.secondstreetapp.com/og/4b186626-02f0-49ba-80a0-8708b6164fc2/gallery/374299811

Flink Maswick Law was nominated for "Best of the Mountains" Law Firm!

Sat, 22 Apr 2023 22:39:01 GMT

Flink Maswick Law has been nominated as a "Best of the Mountains" law firm. If you agree, please vote daily!

https://www.adirondackdailyenterprise.com/promo/?pid=444#/gallery/374299949/

Maswick Wins DWI Refusal Hearing for Client

Fri, 14 Apr 2023 20:17:31 GMT

James L. Maswick, an attorney with Flink Maswick Law PLLC in Lake Placid, recently prevailed in a DWI refusal hearing on behalf of a client. The client was alleged to have refused to take a breathalyzer when the New York State Police allegedly had reasonable cause to suspect that he had been operating a motor vehicle while intoxicated. Jamey use the New York State Trooper's own documents, which the New York State Trooper signed under penalties of perjury, to note significant inconsistencies in what the Trooper was saying at the hearing versus what he had written down and signed months prior to the hearing, on the day of the arrest.

The Administrative Law Judge presiding over the hearing, after the Trooper completed testifying and after completion of cross examination by Jamey, granted our client's motion to dismiss the matter entirely. The Judge found that the four issues that must be maintained to cause a refusal to take a chemical test to be properly found were not met by the Trooper who had the burden of proof.

This avoided significant and serious driver's license ramifications for our client.

If you or someone you know has a DWI case that involves a refusal, please don't hesitate to contact our office. We have years of experience in defending these types of case in a variety of ways.

Flink Maswick Welcomes Experienced Attorney Sheila Goss Duerr to the Firm!

Thu, 06 Apr 2023 15:47:32 GMT

Flink Maswick Law PLLC is pleased to announce that Sheila Goss Duerr has joined our team as a senior counsel. Sheila brings over 30 years of private practice experience with her, having started her career in Connecticut working for a private litigation firm and as an assistant clerk for the Superior Court of the State of Connecticut. After returning to her home state of New York, Sheila worked as a litigation associate for several years, eventually developing a specialty in employment discrimination, including sexual harassment claims, which she litigated on both the state and federal levels.

Her litigation work led her to act as corporate counsel for various corporations, where Sheila provided representation in court involving civil and employment matters, real estate, contract claims, landlord tenant matter as well as general counsel and advice regarding a myriad of issues confronting small and medium sized businesses.

Sheila continues to represent corporate clients in matters of zoning, real estate, landlord tenant matters and general litigation. Her areas of practice also include general estate and probate matters as well as guardianship proceedings. She is the founder of Adirondack Mediation, which provides divorce mediation for couples seeking divorce.

Sheila and her family reside between Glens Falls and Keene Valley.

Sheila can be reached at sgossduerr@flinkmaswicklaw.com .

Flink Maswick Law Successfully Defends Against Professional Misconduct Allegations

Fri, 17 Feb 2023 19:16:47 GMT

Flink Maswick Law was recently retained to assist a medical doctor in defending against allegations of professional misconduct by the Office of Professional Medical Conduct (OPMC). These proceedings, commenced by the OPMC, typically involve OPMC reviewing information related to claims of misconduct, interviewing the medical professional accused of misconduct, and a further board review of notes taken during the interview.

In a recent matter handled by the Flink Maswick Law team, our office performed research into the matter and allegations against our client, drafted a letter to the OPMC outlining our argument as to why our client should not be found to have committed professional misconduct, and the allegations were dismissed prior to our client needing to appear for an interview. At the close of proceedings, all allegations have been dropped and our client was cleared of any wrongdoing.

Proceedings of this nature occur on a regular basis in New York State and may involve allegations with no basis in fact or allegations involving events completely unrelated to the professional field. In these situations, it is best to be proactive and maintain open lines of communication between the attorney involved in the matter and the professional board investigating the allegations. Our team addressed the claims made against our client head on, making a strong case demonstrating why our client had not committed misconduct and obtained a great outcome in the process, without the need for an interview.

If you or someone you know is a professional in New York State facing allegations of misconduct, please contact our office.

DEFAULT JUDGMENT AGAINST YOU? ALL HOPE MAY NOT BE LOST!

Tue, 31 Jan 2023 21:40:10 GMT

In New York State, a party can have what is known as a default judgment taken against him/her/it if the party does not respond to a lawsuit soon enough. Many times, parties who are sued can act like an ostrich and stick their head in the sand thinking if they never acknowledge the lawsuit, it will just go away. This is not true for the vast majority of lawsuits and situations people may find themselves in – rather, the most important thing someone can do if served with a lawsuit is to engage an attorney.

However, there are instances where a party does not even know that they were sued. A Summons & Complaint could be served on the wrong person or entity, served to the wrong place or it could never have been served at all. A Court could take representations of the opposing party or process server at face value and render a money judgment against a person whether that person was actually served with or even aware of the suit. The money judgment could require the unsuspecting party to pay a significant sum of money or have a party lien against real property against the person being sued unknowingly or even have their bank account drained for the funds due. A judgment against you is a serious matter that you cannot let go unaddressed. Moving as soon as possible after you learn that a judgment has been awarded against you, if you were not aware when the suit was first brought, is vitally important so that you can make a motion to vacate that default judgment.

NY CPLR 5015(a)(1) permits a Court to relieve a party from a judgment if they show an excusable default if such motion is made within one year after service of a copy of the Judgment or Order with written notice of its entry upon the moving party. This is the most frequently used method to bring an Order to Show Cause to vacate a default judgment against a defendant. The most important part of this is that a motion must be made quickly, not greater than a year after a judgment is entered against the defaulting party. The defaulting party, possibly the party which did not even know a suit was pending against it, who seeks to vacate the judgment must have a reasonable excuse for its failure to participate in the litigation previously, as well as a meritorious claim or defense to defend itself in the action. For instance, if a defendant has no real defense in a lawsuit in which they are claimed to have defaulted, the Court will not typically permit them to be relieved of such judgment. Again, speed is key here. Seeking an attorney’s advice as soon as you are aware of the judgment is vitally important.

What happens if you don’t make a motion to vacate a judgment within a year? It becomes more difficult. Under CPLR 5015(a)(2-5), a defaulting party must show either newly discovered evidence which if introduced at trial would have produced a different result and could not have been discovered in time to move for a new trial under CPLR 4404 or fraud, misrepresentation or misconduct of an adverse party, or lack of jurisdiction to render the Judgment or Order and/or reversal, modification or vacatur of a prior Judgment or Order upon which it is based. These defenses and methods to vacate a judgment against a party taken on a default basis exists and last past the one-year timeframe for the excuse of a meritorious defense method; however, these are much more difficult to prove and occur in fewer situations than the within one year grounds. Timing and speed remain key here, as well. A plaintiff who takes a Judgment against someone can still claim that the defaulting party took its time and is guilty of “laches” or delaying things unnecessarily and causing prejudice to the party who won the judgment initially.

The attorneys at Flink Maswick Law PLLC have had experience and success in vacating default judgments both on the “one year” grounds and the harder to prove situations, including fraud and misconduct. If you have a default Judgment against you and would like to explore whether there is a way to have it vacated or otherwise have it overturned, please don’t hesitate to contact us to discuss this matter.

Considering selling your North Country business, buying a North Country business, or just want to learn more about options for starting or taking over a North Country business?

Tue, 24 Jan 2023 18:59:17 GMT

The North Country Center for Business is holding a hybrid conference February 12-14 at the Hotel Saranac in Saranac Lake.

Attorney Molly Hann is participating in a panel discussion on "Business Classifications, Permits, and Paperwork: Navigating the Nuances," facilitated by Dan Kelleher, Special Assistant for Economic Affairs at the Adirondack Park Agency, on February 14th from 10am-11:30am at the Hotel Saranac.

Join aspiring entrepreneurs, current small business owners, support professionals, fiscal and legal agencies, and North Country leaders for Small Communities. Big Opportunities.: Own a North Country Business Conference taking place February 12 - 14, 2023 at the Hotel Saranac, 100 Main Street, Saranac Lake, NY 12983, presented by the North Country Center for Businesses in Transition (CBIT) partnership. For more information and to register, visit https://www.northcountryopportunities.com/

FLINK MASWICK LAW SECURES SETTLEMENT FOR PERSONAL INJURY PLAINTIFF CLIENT

Tue, 17 Jan 2023 17:45:57 GMT

Flink Maswick Law PLLC is pleased to announce that it has achieved a settlement for a client in a

personal injury matter which was recently resolved. The client, a young man, was a pedestrian

who was hit by a motor vehicle while running and sustained serious injuries requiring surgical

intervention. The automobile which hit our client came onto the sidewalk where our client was

running and contacted him from behind. The team at Flink Maswick Law, including Attorneys Ed

Flink, James Maswick and Jill O’Sullivan, together with Legal Assistant Melanie Strack, were able

to secure the settlement prior to trial in this matter, which was scheduled to take place in

Saratoga County Supreme Court.

If you know someone who wants to discuss whether they have a personal injury action that

they want to pursue, please don’t hesitate to call our office. We offer free consultations to

discuss personal injury matters and typically do not receive payment unless we recover funds

for the client. Attorney Ed Flink is a member of both the Million Dollar Advocates Forum and

Multimillion Dollar Advocates Forum as a result of his prior recoveries on behalf of clients

during his career. While the client was certainly pleased with the outcome here and accepted

the settlement, prior results do not guarantee a similar outcome for your matter.

HEY SMALL BUSINESS OWNER – I BET YOU DON’T HAVE A GC!

Wed, 04 Jan 2023 21:37:14 GMT

In upstate New York, small businesses dominate the economic and employment landscape. Small business is the primary driver of many regional and local economic areas as many large businesses have not expanded to upstate. Our firm works with many small business owners on a near daily basis for a variety of tasks with respect to leases, employment matters, property matters, litigation, insurance issues, compliance issues and the like.

The vast majority of our small business clients do not have a “GC”— a general counsel or attorney — who is on the payroll. This is by design for many of these small businesses as they simply do not have the revenue or need to support a full-time GC for their business. However, virtually every small business will find itself in situations where it would benefit from having a GC’s advice. Often, small business owners are so busy that they don’t know where to turn for the right help or think that they can handle a matter on their own to save money. Sometimes, it is simply a matter of taking the time to learn what resources are available in your community as small business owners are extremely busy.

Our firm can be that GC that your small business does not have, thinks it cannot afford and/or does not have a full-time need to employ. We function in this capacity for a variety of businesses in the North Country as the trusted attorneys who small business owners reach out to when they have a problem, situation, matter or even just a quick question which they need advice or answers to work through. Our firm is uniquely positioned to assist small business owners in our area, especially in Northeastern New York. Our firm features over 120 years combined legal experience with attorneys who have significant experience in a variety of areas of law.

Other small business owners simply ask us to keep their limited liability company, corporation, professional corporation or professional limited liability companies up to date and compliant with the law, including filing required statements with New York State, conducting annual meeting and producing minutes for same. Other times, special meetings need to be held, By Laws/Operating Agreements need to be amended, new members or shareholders join the LLC or corporation, and other significant opportunities and situations present themselves for our clients.

Even if you do not have a major change in your business from year to year, it behooves the small business owner to have that once a year “checkup” with your GC, much like you see your medical doctor/general practitioner for your physical health annually. I also cannot tell you how many times I have spoken to a small business owner who will advise that they have engaged someone in their business or another contractor or legal mill-type company that they believe takes care of their filings with the State and is shocked to learn that they have not been done for a number of years.

If you are a small business owner who doesn’t have the revenue, the need for full time general counsel, or hasn’t engaged attorneys before, give us a call! We can help you understand what you don’t know and things to be aware of and look out for moving forward.

Happy New Year!

Sat, 31 Dec 2022 21:36:25 GMT

Have a healthy and Happy New Year from all of us at Flink Maswick Law!

Happy Holidays from all of us at Flink Maswick Law

Mon, 19 Dec 2022 18:26:11 GMT

Your friends at Flink Maswick Law wish you a joyous holiday season!

Adult Survivors Act Lookback Window Opens

Thu, 01 Dec 2022 19:13:06 GMT

November 24th, 2022 marked the opening of the one year “look back period” for victims of sexual assault and sexual abuse to bring claims against their abusers under the Adult Survivors Act. The Act ( see Governor Kathy Hochul Signs Adult Survivors Act into Law (flinkmaswicklaw.com) allows victims of sexual abuse that occurred after the age of 18, to bring civil claims against their perpetrators in situations where their claims had previously been time barred by the statute of limitations.

The “look back period” will run from November 24, 2022 to November 24, 2023 and will allow victims to assert claims against not only against their former abusers, but also against institutions or employers that would have been liable had the claims been timely asserted. The act also grants trial preference for these matters so that they can be adjudicated in a timely manner.

Sponsored by Senate Judiciary Committee Chair Senator Brad Hoylman, the Adult Survivors Act was signed into law by Governor Kathy Hochul earlier this year.

If you or someone you know has been the victim of sexual abuse, please reach out to our firm for a free consultation with an experienced attorney.

Happy Thanksgiving!

Wed, 23 Nov 2022 19:10:00 GMT

Happy Thanksgiving from your friends at Flink Maswick Law PLLC!

Veterans Day

Fri, 11 Nov 2022 15:18:38 GMT

Thank you to the veterans who have and continue to serve and protect us – today and every day!

COME SEE US IN LAKE PLACID FOR TRICK OR TREATING ON OCTOBER 31, 2022

Fri, 28 Oct 2022 12:36:54 GMT

Flink Maswick Law PLLC, in conjunction with the Lake Placid Business Association, will be one of the stops on Main Street in Lake Placid for trick or treating on Monday, October 31, 2022. Trick or treating officially starts after the parade and goes until 5:00 p.m., but please feel free to stop by any time from noon until 5:00 p.m. For years, we have loved seeing your kids and their awesome costumes and cannot wait to see what creative, scary, cute and/or just plain cool costumes we will see this year! Of course, we will have candy, so be sure to stop by Flink Maswick Law at 2577 Main Street on your downtown trick or treating route this year!

Flink Maswick Law PLLC is pleased to announce that attorney Jill E. O’Sullivan has become a partner

Fri, 16 Sep 2022 17:58:42 GMT

Flink Maswick Law PLLC is pleased to announce that attorney Jill E. O’Sullivan has become a partner of the firm, effective September 1, 2022. Jill joined Flink Maswick on an “of counsel” basis in November, 2021, and has worked closely with both Jamey and Ed since then, serving our clients in a variety of matters, including civil litigation, family court, matrimonial, personal injury, insurance defense and estate matters.

Jill has practiced law for over 28 years, representing clients in a variety of civil matters, including personal injury and property damage cases, real property disputes and estate litigation, and also served as Principal Law Clerk to a New York State Supreme Court Justice for more than five years, providing her with a depth of experience in civil litigation. Jill has served on the boards of several professional and community organizations and currently volunteers as a member of the Supreme Court, Appellate Division, Committee on Character and Fitness for the Fourth Judicial District.

Jill lives in the Lake George area and in her free time, she enjoys reading, boating, biking and snowmobiling, as well as traveling in her motorhome.

Please join us in congratulating Jill on her new role! Please reach out to Jill if you have a matter which requires her attention.

FLINK & MASWICK BOTH RECEIVE SUPER LAWYERS HONORS FOR 2022

Wed, 24 Aug 2022 12:53:07 GMT

Edward B. Flink and James L. Maswick were both honored in the 2022 Super Lawyers publication for Upstate New York. The publication conducts a peer review process to determine those

attorneys that receive the honor.

Edward B. Flink was named a Super Lawyer for the twelfth straight year in Upstate New York!

James L. Maswick was named a Rising Star, honoring those lawyers who are under 40 years of age for the seventh straight year!

Super Lawyers honors those lawyers who have attained a high degree of peer recognition and professional achievement and is computed via independent research, peer nominations and peer evaluations. Only 5% of attorneys are selected to Super Lawyers and only 2.5% of attorneys are selected to Rising Stars. An attorney who is selected as a Rising Star is only eligible if they have been in practice for 10 years or less or 40 years old or younger.

COMMON PITFALLS FACING NEW YORK LANDLORDS WHO ATTEMPT TO HANDLE EVICTIONS ON THEIR OWN

Thu, 11 Aug 2022 16:26:41 GMT

At Flink Maswick Law, we are called upon and have experience handling evictions throughout the northeastern part of New York State. We have clients who ask us to travel over two hours to handle their evictions as they trust us to provide the best representation to achieve the best possible outcome. There have been many changes to the state’s landlord/tenant law over the past three years and virtually all these changes have been tenant friendly. Therefore, it is essential to have an attorney that knows landlord/tenant law from the landlord’s standpoint. Many of our clients have sought our assistance in these matters as different procedural requirements have been put in place which make it more difficult for a landlord to terminate a tenancy than in the past.

As a result of these changes to the law, there are now certain notice and service requirements that must be met before a landlord is able to commence an eviction action in court. Recently, we have seen the Courts become much more rigorous in enforcing these requirements. Having an experienced attorney who can help the landlord navigate these procedural obstacles is crucial.

We have been frequently called in after the fact to assist landlords who attempted to handle an eviction on their own which did not proceed in the way that they had hoped. In effect, this causes delays in proceeding, as well increased costs for the landlord.

If you know someone who is in Upstate New York in need of eviction work, please don’t hesitate to contact us. Our team is ready to assist you in these matters.

Happy July 4th!

Mon, 04 Jul 2022 17:27:25 GMT

From all of us at Flink Maswick Law.

Tom McDougall Sworn in as New York State Attorney

Fri, 24 Jun 2022 19:31:03 GMT

On Wednesday June 22, Law Clerk Tom McDougall was sworn in as an attorney to the New York State Bar by the New York State Appellate Division Third Department. He is now an associate attorney with our firm and is available to appear in Court and otherwise handle all duties associated with being an attorney.

Congratulations Tom!

FLINK MASWICK LAW PLLC SECURES THIRD PLACE IN THE ANNUAL BEST OF THE ADIRONDACKS, LAWYER/ATTORNEY

Mon, 20 Jun 2022 15:43:23 GMT

Flink Maswick Law PLLC is pleased to announce that it was voted Third Place by the readers of the Adirondack Daily Enterprise and Lake Placid News in their annual “Best of the Adirondacks” competition for 2022. This is our second straight year receiving this honor. We wish to thank the readers of the Adirondack Daily Enterprise and Lake Placid News for their continued support and trust. We also congratulate the other award winners and competitors in the annual contest as well.

Happy Father's Day

Sun, 19 Jun 2022 14:02:40 GMT

Happy Father's Day from all of us at Flink Maswick Law.

'STRICTLY BUSINESS' HONORS MASWICK AS RISING STAR

Wed, 15 Jun 2022 21:15:59 GMT

Strictly Business, a monthly business magazine published in Plattsburgh, NY, published a profile of Attorney James Maswick as a “Rising Star” in their up and coming community leaders June 2022 issue. Jamey was featured, along with other nominees, with a photo on the cover of the magazine and a page in the magazine. You can access the write up here as the issue has not been placed online yet. Jamey and Flink Maswick Law thank Strictly Business for the honor!

Governor Kathy Hochul Signs Adult Survivors Act into Law

Mon, 06 Jun 2022 18:39:03 GMT

On Wednesday May 25, 2022, Governor Kathy Hochul signed into law the Adult Survivors Act, or ASA, a bill that would allow for a one year “look back period” for victims of sexual assault and sexual abuse that occurred after the age of 18, to bring civil claims against their perpetrators in situations where their claims had previously been time barred by the statute of limitations. This new law was modeled after the Child Victims Act passed in 2019 allowing childhood survivors of sexual abuse to bring civil claims until they reached the age of 55. In that same year, the New York State Legislature extended the statute of limitations to bring claims for crimes of this nature from 3 years to 20 years, but this change did not apply retroactively.

The one year “look back period” begins six months after the effective date of the bill running from November 24, 2022 to November 24, 2023. The ASA also grants trial preference to actions of this kind and directs the Chief Administrator of the Courts to promulgate rules that enable these claims to be adjudicated in a timely manner.

The law allows for a very broad application which will permit survivors to assert claims not only against their abusers as individuals, but also against institutions or employers that would have been liable had the claims been timely asserted. In cases where the abuse transpired in a workplace, employers may be named as defendants in the lawsuits. This will allow victims to assert claims in situations where the abuse arose as a result of the employment relationship and in situations where the individual perpetrator does not have the means to satisfy settlements or judgments.

Research has shown that many victims of sexual abuse do not always process the trauma they endured in a timely enough manner to meet current statute of limitations requirements. Advocates say that this law will allow those victims to seek the justice they deserve.

If you or someone you know has been a victim of sexual abuse and would like to talk more about your legal options, please contact our firm to speak with an experienced attorney. Our office has experience representing victims under the Child Victims Act as well as defending these types of cases.

MASWICK TALKS WILLS, TRUSTS AND ESTATES AT DIMENSION FABRICATORS

Fri, 03 Jun 2022 14:54:27 GMT

James Maswick, an attorney with our firm, had the pleasure of speaking to employees of Dimension Fabricators on June 1, 2022 at their headquarters in Scotia, New York. Jamey discussed wills, trusts, probate and administration, as well as powers of attorney, health care proxies and living wills. We want to thank our friends at Dimension Fabricators for inviting us to speak to their employees to provide them with some education in these matters and things to think about for the future. It was a lively crowd which asked excellent questions.

If you would like Jamey or another attorney in our firm to speak to your group, please don’t hesitate to reach out!

Happy Memorial Day

Mon, 30 May 2022 12:38:51 GMT

Law Clerk Tom McDougall Passes NYS Bar Examination!

Fri, 20 May 2022 16:15:36 GMT

The results of the February 2022 New York State Bar Examination have been released and we are pleased to announce that our Law Clerk Tom McDougall has received a passing score!

Tom now awaits being sworn in as an attorney with an anticipated entry date within the coming months. Upon his admission to the State Bar Tom will move into an Associate Attorney position with our firm.

Congratulations Tom!

Happy Mother's Day

Sun, 08 May 2022 16:22:53 GMT

Happy Mother's Day from all of us at Flink Maswick Law.

McDougall Speaks to Tri-Lakes Business and Networking Group

Wed, 27 Apr 2022 20:10:19 GMT

Tom McDougall addressed small businesses on legal areas pertinent to them at the Tri-Lakes Business and Networking Group.

MASWICK SPEAKS TO SUNY ALBANY CLASS

Tue, 12 Apr 2022 21:27:11 GMT

James Maswick, a Capital Region native, spoke to the State University of New York Albany Intro to Law Class on Wednesday, March 23, 2022 as part of a panel discussion with other law school students and attorneys. The students submitted questions that the different panelists answered for the class. The class is taught by Attorney Richard Bader, who also was a teacher for Jamey when he participated in the New Visions Law & Government class in downtown Albany during his senior year of high school.

In the event that you would like Jamey or another member of our firm to speak to your group, please don’t hesitate to contact us. We would be pleased to arrange a time.

FLINK MASWICK LAW PLLC WELCOMES MOLLY S. HANN, ESQ. & OPENS A NEW OFFICE IN TUPPER LAKE

Mon, 04 Apr 2022 20:25:37 GMT

Flink Maswick Law PLLC welcomes Molly S. Hann as a partner to the firm. Flink Maswick Law has established an office in Tupper Lake so that Molly can continue to work with her clients there, as well as help Flink Maswick Law service the substantial client base of Tupper Lake residents and business folks whom we have been honored to represent over the years.

Appellate court rules that DWI “two hour rule” does not apply to DMV refusal hearings

Mon, 28 Mar 2022 18:36:10 GMT

In a decision recently handed down by the New York State Court of Appeals, Matter of Pedro, 2022 N.Y. Slip Op. 00959, the Court has held that a defendant’s refusal to take a chemical test to determine their blood alcohol content (BAC) is admissible as evidence in a Department of Motor Vehicles (DMV) refusal hearing, regardless of whether that refusal fell under the “two-hour rule” as applicable for driving while intoxicated (DWI) cases. Prior to the decision, some Administrative Law Judges had held that evidence of a defendant’s refusal to submit to a BAC test was inadmissible in DMV hearings if the test was not administered within two hours of the defendant's arrest and refusal warnings were not issued in the same time frame.

Vehicle and Traffic Law §1194(2)(a)(1), which was enacted in 1973, states that “the [BAC] test must be administered within two hours after such person has been placed under arrest.” The Court notes however, that this rule applies only to criminal proceedings and not to administrative hearings. Refusal hearings held by the Department of Motor Vehicles would fall under the latter category.

In making their decision, the Court reasoned that the state law requiring a license revocation of anyone who refused to submit to a BAC chemical test was originally put in place in 1953 while the “two-hour rule” did not come into effect until 1973. The court also looked at legislative intent in making their decision, reasoning that “the legislature has continually strengthened drunk driving laws over the years with a very specific design to…ease the difficulty of proving the BAC of an intoxicated driver.” Finally, they also stated that just because citizens are provided with a statutorily made safeguard for refusing a chemical BAC test on the penalty of license revocation under the “two-hour rule”, that does not bestow a substantive right to refuse the test outside the two-hour limit.

A DMV refusal hearing is a proceeding a defendant in a DWI case will face if they are alleged to have refused to take a DWI chemical test, most frequently, a breath test. A DMV refusal hearing is a parallel proceeding to the criminal matter and provides both opportunities for a criminal defendant and pitfalls in the form of further licensing sanctions if one is not prepared for this hearing. It is wholly separate and distinct from the criminal matter.

If you or someone you know has been charged with DWI, please reach out to our firm.

Town of North Elba & Village of Lake Placid Place Moratoriums on Granting Short Term Rental Permits

Mon, 21 Mar 2022 15:43:52 GMT

As of Tuesday, March 8, 2022, the Town of North Elba will not be approving any more applications for Short Term Rental (STR) permits for at least the next six months. The North Elba Town Council voted on March 1, 2022 to enact the moratorium in an effort to curb the rise in number of STRs in the area. Short term rentals have significantly increased in popularity for tourists and visitors over the last few years through the use of websites like Airbnb and VRBO.

Though the moratorium prevents owners of property from submitting applications for new STR permits, it does not affect those already possessing current STR permits. Those with a valid permit may continue operating their STRs and may also apply to renew existing permits so long as they do so in a timely manner.

Further, the law allows for a variance procedure in which people seeking an STR permit may appeal to the town clerk for an exception to the moratorium. The appellant would be required to show that the moratorium “imposes practical difficulties or extraordinary hardships” on them or their business. The variance application process will involve the town council holding a public hearing on the matter before a decision is rendered.

The Village of Lake Placid voted unanimously to pass mirror legislation on March 7, 2022 that will place the same moratorium in effect. The text of the Village moratorium also states that the village board has the right to extend or terminate the moratorium beyond or before the six month period if needed.

It is important to know that it is possible that the moratorium is extended or changed past the current six-month time frame. It is important for purchasers of real property in Lake Placid and North Elba to take this into account and consider that there are some unknowns for those planning to offer their property for STR in the future.

New York Expands Required Insurance Disclosure In Civil Litigation

Wed, 02 Mar 2022 20:21:03 GMT

New York Governor Kathy Hochul has signed into law a bill that modifies the scope of mandatory disclosure of the defendant’s insurance coverage in a civil lawsuit. The new law applies to all actions (except those to recover “No-Fault” personal injury protection benefits) commenced on or after February 24, 2022.

The new law amends section 3101(f) of the New York Civil Practice Law and Rules (“CPLR”), and the Comprehensive Insurance Disclosure Act, passed December 31, 2021, which had previously amended CPLR section 3101(f).

Pursuant to the new law, no later than 90 days after serving an answer, any party defending a claim in a civil lawsuit (“the defendant”) must provide to the other parties a copy of all insurance policies in place at the time of the loss that would have to be used to pay part or all of any judgment entered against that party in the action, including all primary, excess and umbrella policies, contracts or agreements. (If the party bringing the claim agrees, in writing, a copy of the declarations page may be provided instead of the complete insurance policy. However, that agreement can be revoked at any time, in which case a full copy of the policy must be provided.)

In addition to the policy itself, the defendant must also provide: the name and email address of the claim adjuster; the total limits available under any policy, taking into account any offsets and/or deductions from those limits; information concerning any other lawsuits that have reduced or may reduce the policy limits available, including detailed information concerning any such lawsuit; and information regarding any attorney's fees that have reduced the face value of the policy, including the amount paid and the name and address of any attorney who received such fees.

The defendant must make reasonable efforts to ensure that the information remains accurate and complete. The defendant also must provide updated information when the case is placed on the trial calendar, when entering into any settlement negotiations and when the case is called for trial and for sixty (60) days after any settlement or entry of final judgment in the case, including all appeals.

A defendant insurance carrier providing information to a plaintiff is not new – New York State law has long required this disclosure even before litigation is commenced. However, further formalizing these disclosure requirements likely seeks to accomplish the Legislature’s goal of making sure everyone has information in their hands quickly, which may help encourage earlier resolution of claims.

This is especially pertinent information for our insurance carrier clients, who should take note of this new law and make sure that they, together with their attorneys, are in compliance with it.

If you or someone you know needs help in a legal matter, please don’t hesitate to reach out to our office. Our team of legal professionals is experienced in all areas of law and waiting for your call.

New York State Court Passes Directive Requiring Settlement Meetings Prior to Trial

Wed, 09 Feb 2022 13:24:33 GMT

On January 7, 2022, the Commercial Division of the New York State Supreme Court amended Rule 30 of the Rules of the Commercial Division of the Supreme Court, Section 202.70(g) to enact a new directive requiring all parties to enter into a settlement negotiation prior to trial. This directive requires the parties to meet at a critical stage of the case to negotiate, after discovery is complete and the note of issue is filed but before a trial begins.

Once the Notice of Issue has been filed, the court will require that the parties submit a request to proceed to a Mandatory Settlement Conference (MSC). This request must cite which of the four options for MSCs the parties would prefer. If all parties agree on the same MSC option, they may file one request jointly. If all parties do not agree they must each file their own separate request with a statement of their preference as far as options.

When deciding how to proceed with the MSC, parties have four options:

1) They may have a settlement conference before their assigned judge;

2) The parties may request a Judicial Hearing Officer/Special Referee be assigned to the MSC;

3) The parties may request a court official assign a “neutral” to oversee the conference from a roster of neutrals held by the court; or

4) The parties may agree to a private neutral.

Not only does the new rule outline the different ways MSCs can take place but it also outlines other requirements of these conferences. Some of these additional rules require that the MSC must be attended by someone with knowledge of the case and authority to settle the case must be present, that the MSC be confidential, and that a justice may exempt parties from engaging in an MSC with a showing of good cause.

Since a negotiation conference is now a court requirement, the new directive will be helpful in forcing parties to come together thus cleaning up dockets from courts that are already overscheduled.

If you or someone you know needs help in a legal matter, please don’t hesitate to reach out to our office. Our team of legal professionals are experienced in all areas of law and are waiting for your call.

Phone, Email, and Internet Monitoring Notice Law For Private Employers Enacted by New York State

Wed, 19 Jan 2022 18:24:25 GMT

New York Governor Kathy Hochul has signed into law a bill that will require private employers to notify all employees if that employer monitors employee emails, internet usage, or phone calls. The bill, signed into law as an amendment to the New York State Civil Rights Act, requires employers to post a notice either physically or electronically in a conspicuous place or manner informing employees of the surveillance.

The law will take effect on May 7, 2022 and will apply to all employers regardless of size. Employers must not only provide this notice to all current employees but also must inform new employees of this practice upon being hired. The notice must be in writing and must be acknowledged by the employee also in writing or electronically.

Employers who violate the law will be subject to a fine of $500 for the first offense, $1,000 for the second offense, and $3,000 for the third and each subsequent offense.

If you or someone you know is looking to start a business or seeks advice in complying with this or other areas of law, please contact our office.

Electronic Notarization To Become a Permanent Practice in New York

Wed, 12 Jan 2022 14:47:42 GMT

After Governor Andrew Cuomo first made Remote Electronic Notarization legal as part of an emergency order relating to the COVID-19 pandemic, the New York State Legislature and Governor Kathy Hochul have moved forward with making the practice permanent. Gov. Hochul signed a bill in December 2021 that will go into effect June 20, 2022 making New York one of 40 states that allow the practice.

Whereas previously, those looking to have documents notarized would have to meet in person with a certified Notary Public, this new law will allow for documents to be notarized via live video communication with the signer and a notary public. This move will significantly ease the burden of real estate closings and other matters which require notarized documentation, as well as allow New Yorkers living in rural areas, the elderly, and disabled New Yorkers much more access to services that were once difficult to obtain.

Details still need to be worked out before the law takes effect, however. The Secretary of State will need to set standards to ensure that audio/video conferences used for remote notarization is secure and done in real time, as well as set up a method for verifying state issued identification.

If you or someone you know is looking for the services of a notary or are completing a real estate closing please do not hesitate to contact our office. We have a number of professionals with experience working in real estate and are eager to help.

Flink Maswick Welcomes Tom McDougall

Fri, 07 Jan 2022 17:49:02 GMT

Flink Maswick Law PLLC is pleased to announce that Tom McDougall is now working with the firm as a Law Clerk. Tom plans to take the bar exam within the next few months and will become an Associate Attorney on admittance to the NYS bar.

Happy Holidays

Wed, 22 Dec 2021 17:07:27 GMT

Happy Holidays from your friends at Flink Maswick Law PLLC

Happy Thanksgiving

Wed, 24 Nov 2021 15:06:12 GMT

FLINK MASWICK LAW PLLC WELCOMES JILL E. O’SULLIVAN, ESQ.

Wed, 24 Nov 2021 14:20:10 GMT

Announcement of a new attorney at Flink Maswick Law PLLC in Lake Placid, NY

Veteran's Day: Thank you for your service!

Thu, 11 Nov 2021 19:46:43 GMT

We at Flink Maswick honor those that have made the ultimate sacrifice and cherish those that choose and have chosen to serve and protect our way of life. Thank you.

“BEST INTERESTS” STANDARDS APPLY TO REX & FIDO AS WELL: NEW YORK ADOPTS NEW RULES FOR COMPANION ANIMALS AND PETS IN DIVORCE PROCEEDINGS

Mon, 01 Nov 2021 19:13:03 GMT

New York has just joined a minority of other states in providing similar protections for pets as it does for children in divorce proceedings as Governor Kathy Hochul has signed the bill in to law. In a normal divorce proceeding, if there is a dispute about custody of a minor child between the parents and no agreement can be reached, the Judge weighs in and makes findings with respect to whom the child is to live with using whatever is in the best interests of the child as a standard for making this decision. This has now been expanded to involve pets who have previously been treated just like personal property with no regard to what is in their best interests. The Court can now be called upon to make a determination of the well-being of companion animals in a custody matter. This analysis about whether the cat or dog goes with what person can include consideration of which of the divorced pet parent has spent the most time caring for the animal, taken the companion animal to the veterinarian, to whom the best is most bonded, and who spent the most time with the animal.

This is a significant change to how these matters have been treated previously, and those involved in a divorce proceeding should understand while they may have anticipated a custody battle over their children, they may now also face one when it comes to their pets.

If you know someone who is in the midst of a divorce proceeding or contemplating divorce, please don’t hesitate to have them contact our office. We are experienced in these matters and can assist as we continue to remain up-to-date on the ins and outs of divorce proceedings, such as this new statute discussed here.

CUTTING INTO CAVEAT EMPTOR: SELLERS BEWARE OF PROPERTY CONDITION DISCLOSURE STATEMENTS

Tue, 26 Oct 2021 12:20:49 GMT

In a real estate transaction, New York State Real Property Law §462 requires that a seller of a single-family home, save for certain situations, provide a document known as a Property Condition Disclosure Statement (“PCDS”). This is a list of 48 questions about the premises that the owner is selling that the seller completes and signs to their actual knowledge about the condition of the premises, how different systems at the property function, describing the physical condition of the property and any issues that they are aware of with respect to the property. This document is provided to a potential purchaser to provide further information about the property as they review it and make a decision whether they would like to purchase the property.

This document is routinely provided in Upstate New York legal practice relating to real transactions. While the consequences “on the books” for not providing this document are a $500.00 credit to the purchaser at the time of closing, many prospective purchasers and their real estate agents, in effect, raise an eyebrow and express some concern when a seller does not provide a PCDS about their property and are otherwise required to by law. In short, if there is a significant issue that the seller does not want to disclose about the property, $500.00 is often a small penalty to pay to not broadcast this information via the PCDS to a prospective purchaser.

The practice of providing a PCDS in Upstate New York, at least in northeastern Upstate New York, is not followed throughout the State. We have found that frequently, New York City and New York Metro Area and Long Island sellers do not provide a PCDS, and it is routine for that $500.00 credit to be provided at closing.

The PCDS is extremely important for any sellers to take seriously. In the event that there is some indication or finding that the information contained on the document is false and that the seller knew about this, it can lead to litigation amongst the parties. For instance, if a seller knew there was significant water damage to the property and chose not to have it repaired, but indicated on the PCDS that there was no water damage to the premises and the seller had posted on Facebook about the pool of water in his or her basement following broken pipes from a cold night when his or her oil tank ran out of fuel, this would be good evidence that the seller misrepresented themselves on the PCDS. Damages to the purchaser would likely be recoverable both in a breach of contract action and in an action specifically under RPP §462.

We have successfully handled litigation in this realm previously with a seller having been found to misrepresent themselves on a PCDS. The attorneys at Flink Maswick Law know firsthand the importance of this document. It can seem like a simple, ministerial step in a real estate transaction, but it is of significant importance to make sure that all of the information contained on the document is correct. This is why we always review this document as part of our due diligence with a seller or potential purchaser of real property. If you know someone who is buying or selling real property and seeking counsel to assist with the process, please don’t hesitate to have them give us a call. We will review the important documents with them to make sure all is correct moving forward.

NEW YORK STATE’S LANDLORD RENTAL ASSISTANCE PROGRAM JUST BECAME MUCH MORE USEFUL TO LANDLORDS

Thu, 21 Oct 2021 17:44:35 GMT

In our practice, we represent numerous landlords who have rental properties throughout Upstate New York. Many of our landlord clients have struggled financially during the Covid-19 pandemic because their tenants have ceased paying rent and know that it has been made significantly more difficult to evict them with pandemic protections which are in place despite the fact that they are not paying rent.

While these protections are well-meaning and intentioned and have been relied on by some tenants who lost their means to provide for their families due to no fault of their own, they have provided an opportunity for some to play games at the expense of their landlords. In some instances, we have had clients who have reported that their tenants continue to work and have bragged to their landlords that they have the money to pay their rent, yet still do not make rent payments. In some instances, we have suggested to our landlord clients that they apply for rental assistance programs created as part of the pandemic relief assistance to obtain funding for lost rent payments, but, up until this point, these programs have required participation and cooperation from the tenant who has not paid rent. For various reasons, tenants have not always been willing to do so.

The good news is the Emergency Rental Assistance Program has been expanded to allow landlords to seek payments despite the fact that their tenants choose not to pay. Landlords who rent out units located in New York State are eligible for this program if they meet the following criteria: 1. The landlord has a tenant who has left the apartment in New York State with unpaid rent/arrears or the landlord has a tenant with arrears who refuses to work with the landlord after three attempts by the landlord to get the tenant to cooperate, including in two attempts in writing. 2. The rental monthly rental amount is at or below 50% of the fair market rent for their location. 3. The landlord has documented arrears owed from the tenant for costs accrued on or after March 1, 2020.

This rent provides for up to twelve months of rental paid arrears from on or after March 1, 2020.

For more information, please visit: https://otda.ny.gov/programs/emergency-rental-assistance/ If you are a landlord who falls into this situation, we recommend that you make this application as soon as possible. We are pleased to work with clients who would like to apply for this assistance.

NORTH ELBA SMALL BUSINESS GRANTS AVAILABLE THROUGH ESSEX COUNTY IDA

Tue, 19 Oct 2021 18:07:14 GMT

The Essex County Industrial Development Agency recently announced that small business grants were available for North Elba businesses which were either (a) affected by the pandemic, (b) affected by the Main Street Construction in downtown Lake Placid (defined as being between 5920 Cascade Road and 1930 Saranac Avenue) or (c) businesses which have suffered an economic hardship. The information released on these grants indicates that businesses that are eligible must employ or will employ no more than 25 full-time equivalent employees and have annual gross business revenue that does not exceed $3 Million. Landlords and Air BnBs are specifically excluded from these grants, as are any businesses who previously received an IDA grant in either Round 1 or Round 2 of this funding. Acceptable uses of these grants include working capital, including rent, mortgage, utilities, payroll and inventory, furniture, fixtures and equipment and PPE and supplies for safety protocols. Businesses can apply for between $5,000 and $15,000.

If your business meets this criteria, please email info@essexcountyida.com to obtain an application so that you may apply. Note that applications must be submitted not later than November 1, 2021.

Flink Maswick Law PLLC has its primary office located on Main Street in Lake Placid and certainly understands the hardships and difficulties which the ongoing construction has presented for many Main Street businesses, as well as the economic issues which the Covid-19 pandemic has created for many of our friends, family and local business owners.

FLINK MASWICK LAW WELCOMES TYNE R. MODICA, ESQ.

Thu, 07 Oct 2021 21:31:43 GMT

Flink Maswick Law PLLC is proud to announce that attorney Tyne R. Modica is now working with the firm on an of counsel basis. Tyne has been a Saranac Lake resident for approximately eight years, originally hailing from Queens, New York. She graduated from Siena College in 2005 and Vermont Law School in 2010.

Tyne has spent the last ten years of her career focusing on mortgage foreclosures and real estate matters, all while making appearances in Courts throughout Upstate New York.

Please access this link to learn more about Tyne and to see Tyne’s biography page on our website: https://www.flinkmaswicklaw.com/tyne-modica

Please join us in welcoming Tyne!

FLINK & MASWICK BOTH RECEIVE SUPER LAWYERS HONORS FOR 2021

Mon, 23 Aug 2021 14:59:03 GMT

Edward B. Flink and James L. Maswick were both honored in the 2020 Super Lawyers publication for Upstate New York. The publications conduct a peer review process to determine what attorneys are deserving of this honor. Edward B. Flink was named a Super Lawyer for the eleventh straight year in Upstate New York! James L. Maswick was named a Rising Star, honoring those lawyers who are under 40 years of age for the sixth straight year! Super Lawyers honors those lawyers who have attained a high degree of peer recognition and professional achievement and is computed via independent research, peer nominations and peer evaluations. Only 5% of attorneys are selected to Super Lawyers and only 2.5% of attorneys are selected to Rising Stars. An attorney who is selected as a Rising Star is only eligible if they have been in practice for 10 years or less or 40 years old or younger.

FLINK MASWICK LAW PLLC PROUD TO SPONSOR LAKE PLACID SINFONIETTA FREE SHOW

Fri, 23 Jul 2021 13:41:32 GMT

The attorneys and staff of Flink Maswick Law PLLC are happy to sponsor the Lake Placid Sinfonietta’s free concert on Wednesday, July 28 th at 7:00 p.m. at the Lake Placid Horseshow Grounds Pavilion. The concert, “In Praise of Mother Nature”, will feature selections such as Autumn Leaves, Stardust and Stormy Weather.

The cost to attend is free! Please follow the link below to obtain your free virtual ticket here as seating is first come/first serve. We hope to see you out there supporting the Orchestra of the Adirondacks and enjoying the music in a beautiful setting.

Free Virtual Ticket Link:

https://lakeplacidarts.secure.force.com/ticket/PatronTicket__PublicTicketApp#/instances/a0F2M00000KVfQpUAL

FLINK MASWICK LAW PLLC SECURES THIRD PLACE IN THE ANNUAL BEST OF THE ADIRONDACKS, LAWYER/ATTORNEY

Mon, 28 Jun 2021 19:52:47 GMT

Flink Maswick Law PLLC is pleased to announce that it was voted Third Place by the readers of the Adirondack Daily Enterprise and Lake Placid News in their annual “Best of the Adirondacks” competition for 2021. We wish to thank the readers of the Adirondack Daily Enterprise and Lake Placid News for their continued support and trust. We also congratulate the other award winners and competitors in the annual contest as well.

NEW POWER OF ATTORNEY FORM IN THE STATE OF NEW YORK

Thu, 17 Jun 2021 18:04:54 GMT

June 13, 2021 has seen New York State usher in the use of a new Power of Attorney document. The old Power of Attorney will no longer be accepted after June 13, 2021 by lenders, banks and County Clerks, some of the most likely recipients or institutions whom are provided with Powers of Attorney to effectuate transactions.

Some of the biggest differences are the witness requirements to execute a POA, as the new 2021 Power of Attorney requires the principal’s signature be witnessed by two disinterested persons who are not named as agents in the Power of Attorney nor gift recipients under the Power of Attorney. The Power of Attorney still needs to be notarized, but one of the witnesses can also function as the notary.

There are also provisions for third parties to sign on behalf of a principal if the principal is physically unable to do so. This is at the principal’s direction, and the principal must still have capacity to ask the person to sign on their behalf. There is also greater forgiveness with respect to ministerial or typographical errors, and the new form also provides for some remedies in the event the party to whom the Power of Attorney is provided does not accept the Power of Attorney unreasonably. This has previously been an issue when certain institutions were unhappy with the grants or specific wording of a Power of Attorney and chose to reject them on that basis. They may be responsible for legal fees in this scenario in the future.

If you know someone who has a Power of Attorney, it is essential that they have legal representation from a law firm who knows the updated laws in New York. Please do not hesitate to contact us if you need assistance.

MASWICK DISCUSSES OPERATING AGREEMENTS WITH THE TRI LAKES BUSINESS AND NETWORKING GROUP

Thu, 10 Jun 2021 19:12:54 GMT

On June 9, 2021, Attorney James Maswick discussed with the Tri Lakes Business and Networking Group operating agreements, by-laws and other partnership agreements which are commonly utilized for governing business relationships in New York State. The discussion included considerations for one to consider when entering into a business relationship, required elements and aspects of different agreements and a few horror stories of situations in which agreements either did not exist or were silent on significant issues which should have been contemplated previously. The discussion also involved the importance updating these agreements as different people enter into or exit the business, when different numbers of votes may be indicated for certain decisions and appointing managers of a business. The discussion ended with a question and answer period.

If you would like Jamey or any of our attorneys to discuss a topic with your group, please don’t hesitate to contact us.

THE ADIRONDACK PARK AGENCY (“APA”) CAN CONTROL YOUR LAND DEVELOPMENT PROJECTS IN THE ADIRONDACKS

Tue, 04 May 2021 13:08:29 GMT

Our firm represents many purchasers of vacant real property from out of the area. The pace of folks purchasing unimproved real property—often from the Boston, New York City/New Jersey or Philadelphia Metro areas—has only been increased since the COVID-19 pandemic arrived in full force in March of 2020. Plans for purchasers of vacant real property have varied greatly. Some purchasers have sought to build modest, single-family homes or their own “cabin in the woods.” Others have purchased property to start a business venture. Still others have purchased lots seeking subdivision approval for a development of single-family homes. Some have sought mixed use of their new properties.

Regardless of their plan for the purchased property, many out-of-area purchasers are surprised to learn that the APA can dictate what they do on the property that they purchase. This can be especially a surprise for many when they have done some research and recognized that there might be no zoning laws in the municipality in which the real property they are purchasing is located. The APA, established in 1971, has a mandate to protect the Adirondack Park and regulate its development. For many clients that we represent when purchasing property in the Adirondack Park who have plans for new projects, our advice is to file an APA Jurisdictional Inquiry Form, otherwise known as a “JIF,” to get some information about the property and any mandates, prohibitions or, in effect, hurdles that the property owner will need to jump through to accomplish their project. In some instances, the project as envisioned by the client is simply not feasible based on what the APA tells us after the response to a JIF. It is important for attorneys to build this into any contract as a contingency so that the very purpose that you are seeking to accomplish by purchasing the property is not frustrated.

Even when the APA weighs in, that may not be the end of the story. There are mechanisms to ultimately either challenge or ask for reconsideration of initial APA determinations. Just because your project meets hurdles in the beginning does not mean that it is completely dead in the water.

If you are purchasing vacant real property in the Adirondacks and seeking attorneys who are experienced in navigating APA mandates, please contact our firm.

GET THE NEWS THAT YOUR TAX ASSESSMENT IS INCREASING IN THE ADIRONDACKS?

Wed, 28 Apr 2021 14:41:24 GMT

“Springtime” in the Adirondacks is always a mixed bag. Balancing birds chirping, the sun shining and the occasional snow squall, those that live inside the Blue Line are always prepared for any weather in April and May. It can be a beach day one day, and the next Mother Nature can remind you that you put your skis away too early.

Adirondackers can also receive another kind of unexpected and unwelcome surprise in the springtime—a notice from their local Assessor that their assessment on their real property, either residential or commercial, is going up. These unwanted notifications can result in significant increased tax liabilities. This blog post discusses what many have done to fight back against assessments which are unfair.

First, you should know that the vast majority of assessments in the Adirondacks are based on what the Assessor considers fair market value for your property—i.e., what a third-party buyer on the open market ready, willing and able to close on the property would pay for your real property and any improvements (buildings) on the property. I have had a number of clients tell me when receiving their assessment that they would absolutely love to sell their property for the amount the Assessor assesses their property for! However, often the Assessor overshoots and assesses the property too high.

The most common reason to challenge your assessment is based on an unfair assessment as regards what constitutes fair market value. Many times, this is based on similar properties in the municipality in which the property is located and the assessed values for those properties. Having comparable properties one can point towards which are taxed at lower levels are a great way to make your argument. For some cases, a formal appraisal is needed to prove your case.

For commercial properties, the amount of money that you make off the premises can also be a factor in your assessed value.

Sometimes, a tax assessment challenge can be based on misinformation that the local Assessor has about your home. For instance, the Assessor wrongly believes you have 100 acres of land and instead you have 10 acres. Or your home is 3000 square feet in interior, improved size but is actually only 1000 square feet. Mistakes happen, even in matters as important as taxes!

These are some of the most popular arguments to seek a reduced assessment. There may be circumstances present in your case which are unique to your situation and effectively pleading your case takes experience and skill.

If you or someone you know receives that unwelcome springtime surprise in the mail from your local Assessor and want to explore opportunities, please don’t hesitate to contact our firm to discuss. If you think your assessed value is significantly greater than what it should be, we may be able to help you reduce that assessed value. Some of our best results have been obtained short of litigation which, of course, saves the client time and resources and also provides certainty of outcome.

What You Need to Know About Marijuana Legalization in New York

Tue, 13 Apr 2021 14:07:26 GMT

On March 31, 2021 Governor Andrew Cuomo signed a bill into law legalizing recreational marijuana by adults 21 and over after the Senate and Assembly voted in favor of the legislation. It is now legal to purchase cannabis from authorized sellers (once they are licensed by the State) and possess up to 3 ounces of cannabis and 24 grams of cannabis concentrated. After 18 months of sales, it will allow adults to grow up to 6 mature plants and 6 immature plants in their home.

The bill also expunges previous marijuana convictions for actions that would be legal under the new law. This includes all marijuana convictions charged under the old Penal Law Section 221 (Criminal Possession of Marijuana) that are less than the 3 ounces of cannabis or 24 grams of concentrated cannabis (Penal Law 221.05, 221.10, 221.15).

Expungement means that the arrest, the court case and the decision on the charges are treated as if they never happened. This means that these charges:

should not show up on a criminal history record search or your RAP sheet.
can’t be used against you to deny you housing, student loans, or a job.
don’t have to be listed on a job or school application that asks if you’ve been convicted of or arrested for that crime.

Expungement should be automatic but could take up to a year. The court system, DCJS, police, District Attorneys and law enforcement agencies will be notified. They are to destroy the record or mark the record accordingly. You will not receive a notice from New York State when the expungement process begins or occurs, but the process is supposed to happen without you having to take any action.

That being said, we all know things don’t always happen the way they are supposed to. To make sure that your previous marijuana conviction is expunged and removed from your criminal record, Flink Maswick recommends contacting the local court where the conviction was entered to make sure the conviction is in fact expunged. Flink Maswick Law can provide assistance to help with this if necessary. Please call us if you are currently facing a marijuana possession charge, or if you have any questions about the expungement process.

WANT TO SELL YOUR REAL PROPERTY IN NEW YORK AND HAVE TENANTS? BETTER THINK AHEAD!

Mon, 05 Apr 2021 21:20:37 GMT

Many portions of Upstate New York and many desirable outdoor vacation hot spots - including the Tri-Lakes area where our main office is located - have seen an incredible surge in demand for real estate purchases of late. Many folks who live in larger cities have decided that the time was right to get out, either due to the COVID-19 pandemic or other pressures causing them to want to head for the mountains, the hills, the lakes and the green and open spaces. For some, the right property has been a multi-family property where they live in one unit and rent out other units. For others, buyers have purchased single-family homes.

Some sellers of real property have run into some recent changes in New York State law which have stopped them from the quick and easy sale of their homes that they thought might be able to be accomplished. For instance, pursuant to the New York Real Property Law, which was recently changed in 2019, if there are tenants in real property, the tenants are entitled to a certain amount of notice regardless of what the lease terms provide and regardless of whether a lease exists at all. Instead, the notice requirements are based on how long the tenants have been present in the property. If a person has been present in the property less than a year, they are entitled to at least 30 days’ notice that they need to vacate the property. If they have been in the property over a year, but less than two years, they are entitled to 60 days’ notice. If the tenants have been in the property two years or more, they are entitled to 90 days’ notice that they have to vacate the property.

As you can imagine, for many sellers of real property looking to cash in on the recent increase in demand in Upstate New York, this has caused issues when a tenant is present in a property where the new purchaser wants to inhabit the home as opposed to having that tenant continue to live there. In some instances, mortgage policies require that the purchaser live in the property.

A tip for those who have tenants in their real property and who seek to sell in the near future is to plan ahead and, once you have made the decision to sell, give your tenants notice of their need to vacate the property. While it is possible that the new purchasers (obviously not known at the time the sellers are listing the property) may want the tenants to stay, it is much easier to tell tenants that you are not enforcing the notice to vacate rather than trying to make up for lost time.

The attorneys at Flink Maswick Law PLLC regularly work with clients who buy and sell real property in the Adirondacks, North County and the Capital District. If you know someone who needs assistance with a transaction, please don’t hesitate to contact us.

WHY IT IS A BAD IDEA TO JUST PLEAD GUILTY TO SPEEDING TICKETS IN NEW YORK STATE

Mon, 22 Mar 2021 14:16:27 GMT

I cannot tell you the number of times that I have heard people say that rather than hiring an attorney, fighting a speeding ticket issued to them or seeking a plea deal “because it was not worth their time or money,” people have just plead guilty and then faced licensing sanctions. In New York State, the Department of Motor Vehicles keeps track of convictions to speeding tickets and other moving violations. The consequences are greater than just the Court fine. This article discusses some of those consequences.

When you are charged and plead guilty to speeding or virtually to any other moving violation, a guilty plea not only garners you a fine and likely a mandatory surcharge from the Court where the ticket is returnable, but also points on your license. These points can have significant impact on your licensing and any further civil penalties that you are required to pay the state for the privilege of continuing to drive in New York. For instance, a speeding ticket that is 1 mph over the speed limit is a 3-point offense with the Department of Motor Vehicles. A speeding ticket 11 mph over the speed limit is a 4-point offense. A speeding ticket that is 21 mph over the speed limit is a 6-point offense. We routinely speak to clients who are alleged to have been driving these speeds all the time, especially on the wide-open interstates and the Northway in Upstate New York.

Another common ticket is communicating on a mobile phone while operating a vehicle without a hands-free device, which is a 5-point violation.

These points are counted for purposes of driver licensing and ability to continue operating a vehicle in the State of New York. If you receive six points on your license in 18 months, you will receive, in addition to any Court fine and surcharge, the Driver Responsibility Assessment—a civil penalty through the New York State Department of Motor Vehicles. Six points in 18 months will cost you $100.00 per year for 3 years as a civil penalty. Any point on top of 6 in that same 18 months will cost you an additional $25.00 per year for 3 years on top of the Court fines and surcharges and the $100.00 per year for three years to the Department of Motor Vehicles. If you obtain 11 points in 18 months, you will be suspended and off the road for 6 months. Similarly, 3 speeding tickets in 18 months is an automatic suspension of your driver’s license for 6 months. These penalties are simply for those regular Class D drivers; penalties can be even more substantial and significant for those who are junior drivers, new drivers or hold a commercial driver’s license commonly known as a “CDL.”

Additionally, as you might imagine, insurance companies also keep an eye on your points. Needless to say, your insurance rates will rise as the number of convictions to moving violations and speeding tickets you have increases, as well.

And, if a defendant were to have had multiple convictions for Driving While Intoxicated or Driving While Ability Impaired, points can play a role in your ability to ever obtain a license in the future. Lifetime points are counted in this aspect as a serious driving offense (SDO). If you garner enough lifetime points, this can also keep you off the road, potentially for good.

It is extremely important to seek legal counsel in the event that you obtain speeding tickets or other traffic tickets in the State of New York to determine what penalties you face with the Court, as well as your ability to operate in the future and any lasting effects.

SPRING IS UPON US, BUT ITS STILL SNOWING IN THE NORTH COUNTRY

Mon, 15 Mar 2021 17:21:29 GMT

It felt as if it was snowing every day here in Lake Placid this winter. Spring is almost here and it is still snowing!

Although the snow is pretty to look at it (and fun to play in), a slip and fall on snow or ice can cause serious injuries. You may wonder who can be held liable in such a situation.

Any negligence case begins with an analysis as to whether an alleged tortfeasor owes a duty to the injured party. The scope of one’s duty is a question of law for the Court to determine. Generally, and as a matter of public policy, a person or entity cannot be held liable to a third party to which they have no contractual obligation.

The issue of whether a snow removal contractor hired by a property owner can be held liable to an injured plaintiff was addressed by the Court of Appeals in Espinal v. Melville Snow Contractors, Inc. in 2002, and this case remains top of mind in the winter months here in the North Country.

In Espinal, the snow removal contractor’s obligations pursuant to the contract with the property owner was to clear snow that exceeded three inches by truck and plow on roadways, parking areas, entrances and exits. The contractor would spread a mixture of salt and sand at certain areas on the property as well. During late evening and early morning hours, the contractor was to provide a one-time plowing per snowfall and only after accumulations had ceased. If there was a plowable accumulation by 4 AM and it was still snowing, the contractor was to provide a limited plowing to get the property opened before 9 AM but then only plow a second time during the day after the accumulations had ended.

Because this contract as written limited the contractor’s obligation to a snow accumulation that exceeded three inches and only after a storm had ended, the Court of Appeals held this was not a comprehensive and exclusive obligation relieving the property owner of the duty to maintain the premises safely. The Court further held that by merely plowing the snow, a contractor could not be said to have created or exacerbated a dangerous condition. Hence, the Court of Appeals held that the snow removal contractor owed no duty of care to the injured plaintiff that fell on the property.

Ultimately whether a duty will exist will depend on the specific contract language and the specific facts surrounding any slip and fall. If you or someone you know has been injured in a slip and fall on ice or snow due to someone else’s negligence, please do not hesitate to contact the Flink Maswick Law team.

TRIAL COURTS DO NOT HAVE AUTHORITY TO PERMIT AMENDMENTS TO MISDEMEANOR COMPLAINTS AND INFORMATIONS

Tue, 02 Mar 2021 15:13:44 GMT

On October 15, 2020 the Court of Appeals issued a decision in People v. Hardy, holding that the trial court no longer has the authority to permit factual amendments to misdemeanor complaints and informations. This decision displaced the long standing “Easton” rule that stood for the proposition that an amendment could be made to date, time, or place, as long as it did not prejudice the defendant.

Mr. Hardy was arraigned on a misdemeanor complaint charging him with harassment and criminal contempt. The accusatory instrument incorrectly alleged that the crime occurred on or about October 25, 2015 – a date that would not occur for another nine months. Defense counsel objected to the accusatory instrument arguing that it included the wrong date and the Court responded that it was a typographical error that the People could move to amend at any time. The People made an oral motion to amend the date and it was granted. Mr. Hardy subsequently pled guilty to criminal contempt as charged in the amended accusatory.

Mr. Hardy then appealed his conviction, arguing that the accusatory was facially insufficient and that the court impermissibly allowed the People to amend the instrument. The Appellate Term recognized that case law was inconsistent in this area, but eventually upheld the trial court’s decision reasoning that the courts retain the inherent authority to permit factual amendments to these types of instruments pursuant to the guidelines set forth in People v. Easton, 92 N.Y.S.3d 536.

The case then went to the Court of Appeals, the highest Court in New York State. The Court of Appeals held the Criminal Procedure Law provides no legislative authority to permit amendments to date, time and place when it comes to misdemeanor complaints and information. The CPL only permits these types of amendments in indictments, prosecutor and superior court informations.

Because the court lacked the authority to permit the amendment, the Court of Appeals found the accusatory to be jurisdictionally defective and it was dismissed.

D ue to this nuance in the law, it is important that every criminal defendant have experienced counsel to review the pertinent accusatory instrument with a critical eye to determine if it is defective or facially insufficient. If you or someone you know has a pending criminal matter and needs assistance, please do not hesitate to contact the attorneys at FMLaw with your questions.

THE IMPORTANCE OF NY RECREATIONAL USE STATUTE, FORMALLY KNOWN AS GENERAL OBLIGATIONS LAW § 9-103

Mon, 22 Feb 2021 19:34:49 GMT

I recently had the opportunity to share with a client an article which I had co-authored with a former colleague that was published in the New York State Bar Association Torts, Insurance and compensation Law Section Journal, Spring 2018 edition. The article reviewed what is commonly known as the “recreational use” statute for New York State, formally known as General Obligations Law § 9-103. This section of law encourages the use of property for recreational purposes and generally exempts the owner from liability for injuries, presuming the owner does not charge a fee for access to their property or do something grossly negligent or intentional to cause an injury to a property user. The whole purpose of the statute is to encourage landowners to allow people to utilize their property for outdoor fun without the threat of a lawsuit over the property owner. This is especially important for those of us in Upstate New York who like to get out and bike, ski, run, hike, snowmobile, hunt, fish and four-wheel, for instance. If you are interested in reading this article, please follow this link and flip to page 8 of the pdf. Happy reading!

https://nysba.org/NYSBA/Publications/Section%20Publications/TICL/PastIssues2000present/Spring%202018/TICLJournalSpring18.pdf

MAJOR CHANGES FOR HOW CASES FUNCTION AT SUPREME AND COUNTY COURTS IN NEW YORK STATE

Mon, 15 Feb 2021 15:38:38 GMT

The way cases have been traditionally and historically litigated in New York State is changing substantially moving forward. Administrative Order 270/20, which went into effect with little fanfare on February 1, 2021, makes significant changes to affect, among other things, how Court appearances and conferences are conducted, the scope and level of discovery permissible to be demanded from the other party, how Court filings are conducted and how parties are entitled to depositions.

These rules are now in effect for all New York State Supreme and County Courts, the Courts of original jurisdiction for the vast majority of disputes. The Administrative Order, a copy of which is available here , includes changes such as interrogatories in a case being limited to 25 in number without Court approval, changes with respect to what must be submitted to a motion for summary judgment by a movant and what opposition must include, more difficulty in obtaining adjournments of conferences, encouraging parties and attorneys to communicate and appear at conferences by electronic means and telephone, a time limit on depositions of parties, as well as staggered Court appearances to encourage more efficient time in Court.

This Administrative Order will cause significant changes moving forward for attorneys who are used to practicing in the State of New York. It is vital for any attorney who continues to practice in virtually any litigated matter in New York State to be familiar with these rules.

If you have a litigated matter or are contemplating one, please do not hesitate to contact Flink Maswick Law PLLC for assistance if you require counsel. Having attorneys who are familiar with these new rules and making plans for implementation and how they will conduct their cases for their clients is vitally important to your success in litigation.

MASWICK LECTURES ON MATRIMONIAL LAW

Mon, 08 Feb 2021 18:26:02 GMT

On Wednesday, February 3, 2021, Attorney James Maswick spoke to the Business and Networking Group of Lake Placid about how he and his firm handle and approach divorce cases. He discussed the importance of handling each case individually and ultimately, in the first instance, determining the client’s wishes and goals in a matrimonial matter, including listening to the issues that they experienced during the marriage. Ultimately, it is the attorney’s job to help the client move past those issues and towards handling two of the major issues involved in divorce cases—children and financial issues.

Jamey also discussed how he advises each and every client that the more agreement that they can come to with their spouse, the less expensive, both financially and emotionally, the divorce will be in the long run for the spouses. The ability to arrive at a Separation Agreement and agree on all outstanding issues with the ex-spouse is vital in allowing people to move on with their lives quickly and with the least trauma that litigation can cause when it is with your spouse. However, when that is not possible, the attorneys at Flink Maswick Law PLLC are ready to litigate to accomplish the client’s goals with respect to issues such as physical custody, legal custody, maintenance, child support and equitable distribution.

If you know someone who needs assistance with a matrimonial issue, please refer them to Flink Maswick Law PLLC to discuss further handling of their situation.

LANDLORDS SHOULD TAKE NOTICE OF NEW NEW YORK COVID-19-RELATED EVICTION RULES

Mon, 01 Feb 2021 22:46:28 GMT

If the current COVID-19 pandemic has taught us anything, it is to expect the unexpected and to be ready for change at a moment’s notice. This maxim came to life with the latest new rules and Administrative Order from the Court system in New York with respect to evictions in New York State. While much has been written about tenants’ plights and inability to pay rent, often tragically resulting from the loss of jobs because of the pandemic, many small landlords are suffering as well with issues with making mortgage payments. A common misconception of many is that anyone who is a landlord is well off. This is certainly not the case as we have met many folks who run fine rental properties who are struggling to get by in the current economic climate. Our firm represents many landlords with modest portfolios and sometimes a single rental property.

As of December 28, 2020, new rules establishing requirements in eviction proceedings were promulgated, and it is incredibly important that any landlord who seeks to evict a tenant be familiar with these rules. Contrary to what you may read, it is not impossible for a New York landlord to obtain an eviction in the current situation. A tenant who continually exhibits bad behavior or does not follow a lease agreement (not including failing to pay rent) may still face eviction. There are additional requirements and burdens placed on the landlord for service of different notices involved in an eviction or the Court will not hear your case. It is important that you speak to an attorney who is familiar with these rules and regulations and is keeping current during this time where they are ever changing.

If you know a landlord or tenant who needs assistance with an eviction proceeding either being brought on their behalf or against them, please do not hesitate to contact our firm.

THE IMPORTANCE OF SUM COVERAGE FOR CYCLISTS

Wed, 20 Jan 2021 14:49:08 GMT

As many of us in our office are cycling enthusiasts, we know the dangers that people who ride bicycles face on today’s roadways—especially in Upstate New York, where drivers, and cyclists themselves, can be lulled into a false sense of security with little traffic on the road only to be jarred from that comfort as a vehicle comes over the crest a hill, driving wildly and over the speed limit. Everyone knows that there are dangers inherent in riding bicycles, and cyclists need to take all steps possible to protect themselves from accidents.

However, sometimes, regardless of the actions that a cyclist takes and how careful and attentive the cyclist is, one can be struck by a vehicle. Frequently, this is due to the negligence of the driver of the automobile who may be eating, texting, playing with the radio, speaking to someone in the car or otherwise simply not paying attention to the roadway.

As a cyclist, typically only wearing a helmet and a thin layer of Lycra, one does not have much protection from a motor vehicle traveling at a high rate of speed. As much as cyclists do not want to face it, serious injuries are likely if they are impacted.

New York State requires everyone who owns a vehicle to carry motor vehicle liability insurance in an amount of not less than $25,000.00 in the event of an accident. However, while it is a positive that New York State requires automobile insurance, it is unfortunate that the limits are so low. An accident involving a cyclist is likely to leave the cyclist with significant injuries and pain and suffering which greatly exceed $25,000.00.

Thankfully, there is something that every cyclist can and should do to protect themselves—cyclists should purchase supplemental Uninsured or Underinsured Motorist (“SUM”) coverage. Available on your own automobile policy, this insurance permits you to make a claim against your own insurance company in the event you are injured by a driver insured by an insurance policy with liability coverage limits lower than the coverage limits on your own policy. It is extremely important insurance for cyclists to have to protect themselves in the event of catastrophic injury which is not of the cyclist’s own making. Typical limits for folks who seek SUM coverage are either $500,000.00 or $1,000,000.00. You may be surprised at how inexpensive this sort of coverage is, as well, to protect yourself in the event of the unthinkable occurring. We recommend to any cyclist that you speak to your insurance agent or representative to make sure that you have appropriate levels of coverage in place to protect you and your situation in the event of a collision with a vehicle.

If you know someone who has been injured in a bicycle accident by a vehicle, please do not hesitate to contact the attorneys at Flink Maswick Law PLLC. We have successfully handled bicycle accident cases previously and, with attorneys in the office who have experience riding bicycles, we know that dreaded feeling of a vehicle coming up from behind and buzzing you or even making contact.

Seasons Greetings

Tue, 15 Dec 2020 23:32:25 GMT

Best wishes for the Holidays to our many friends and colleagues as we wind down this very interesting year and look forward to the new year with gratitude and optimism.

MASWICK SELECTED RUNNER UP AS BEST OF THE ADIRONDACKS, LAWYER/ATTORNEY

Mon, 30 Nov 2020 14:20:03 GMT

Flink Maswick Law PLLC was pleased to announce that James L. Maswick was named Runner Up by the readers of the Adirondack Daily Enterprise and Lake Placid News in their annual “Best of the Adirondacks” competition for 2020. Jamey has previously been recognized as well: in 2019, he was also named “Runner Up”, and in 2018 he was named the winner by the readers of the two local newspapers. In 2014-2017, Flink Smith Law LLC, the firm that Jamey belonged to during that time, was named “Runner Up” as a firm.

MASWICK SPEAKS TO HOFSTRA UNIVERSITY PRE-LAW FRATERNITY ON CAREER DEVELOPMENT

Mon, 23 Nov 2020 14:38:12 GMT

Attorney James Maswick participated in a question and answer panel held via Zoom on Monday, November 16, 2020 with Hofstra University undergraduate students who are members of the pre-law fraternity. Jamey and David Coryer of Coryer Staffing discussed putting information in resumes, resume and interview tips, as well as thoughts on landing the first job in the legal business. 43 students participated in the event! It was a great evening, and Jamey appreciated the opportunity to chat with some extremely bright and thoughtful future members of the legal profession!

If you would like Jamey to speak to your group, please do not hesitate to contact our office.

RECENT LANDLORD/TENANT CHANGES

Tue, 17 Nov 2020 15:24:02 GMT

MASWICK DISCUSSES RECENT LANDLORD/TENANT LAW CHANGES

On Wednesday, November 11, 2020, attorney James Maswick spoke to the Business and Networking Group of Lake Placid and discussed the 2019 landlord/tenant law changes in New York State and the impacts on landlords and tenants. Jamey highlighted the fact that it was truly a significant change, causing the balance of power to shift largely from landlords to tenants. He also discussed some unintended consequences of the law, especially in a resort town like Lake Placid that has short-term rentals.

Jamey also discussed the current state of the law with respect to the COVID-19 pandemic and Governor Andrew Cuomo' s Executive Orders which have greatly impacted the ability of landlords to obtain evictions based on the failure to pay rent.

If you know someone with a landlord/tenant issue, please do not hesitate to reach out to Flink Maswick Law PLLC. We are pleased to assist you in your matter.

Attorneys Flink, Maswick, & Giovacco Receive Super Lawyers Designations

Sat, 29 Aug 2020 16:04:54 GMT

Edward B. Flink and James L. Maswick were both honored in the 2020 Super Lawyers publication for Upstate New York. And Katherine A. Giovacco was honored in the 2020 Super Lawyers publication for the New York Metro Area. The publications conduct a peer review process to determine what attorneys are deserving of this honor.

Edward B. Flink was named a Super Lawyer for the tenth straight year in Upstate New York!

James L. Maswick was named a Rising Star, honoring those lawyers who are under 40 years of age for the fifth straight year!

Katherine A. Giovacco was named a Rising Star as well for the fifth straight year!

Super Lawyers honors those lawyers who have attained a high degree of peer recognition and professional achievement and is computed via independent research, peer nominations and peer evaluations. Only 5% of attorneys are selected to Super Lawyers and only 2.5% of attorneys are selected to Rising Stars. An attorney who is selected as a Rising Star is only eligible if they have been in practice for 10 years or less or 40 years old or younger.