Firm News

05/06/2021

Landau Speaks to Law Department of NYC Council on Cannabis Issues

James K. Landau

James K. Landau, a member of our Cannabis Law, Commercial Litigation and Appellate Practice groups, spoke to the Law Department of the New York City Council as part of a panel discussion and a CLE program on Cannabis Law. Jim’s topic was “Litigation Trends in Cannabis Law.”

05/05/2021

Landau Elected Assistant Treasurer of Westchester County Bar Association

James K. Landau

James K. Landau, a member of our Cannabis LawCommercial Litigation and Appellate Practice groups, has been elected as Assistant Treasurer of the Westchester County Bar Association (WCBA) and serves on WCBA’s Executive Committee. 

04/22/2021

Kutzin Speaks on Elder Law Issues

Michael S. Kutzin

Michael S. Kutzin, a member of various groups, including our Guardianship Practice,  Taxation and Trusts & Estates groups, spoke on “Preparing for the End – Wills, Estate Planning, and Understanding the Process (Probate and Administration)” at the 33rd Annual Elder Law Institute of the Practising Law Institute.

04/07/2021

Nimetz Presents at WWBA Foundation’s Virtual Trivia Quiz Night Honoring Women Justices of the United States Supreme Court

Irma K. Nimetz

Irma K. Nimetz, a member of our Appellate PracticeCommercial LitigationSurrogate’s Court Litigation and Trusts & Estates groups, was a presenter at the Westchester Women’s Bar Association Foundation’s Virtual Quiz Night fundraiser honoring past and present Women Justices of the United States Supreme Court. The game-show style interactive program features the following three contestants: Hon. Federal Magistrate Judge (ret.) Lisa Margaret Smith; Pace Law Constitutional Law Professor Randolph McLaughlin; and Rebecka J. Levitt, JD, the 2020 Justice Sondra Miller Scholarship winner.

04/06/2021

Landau Interviewed by Crain’s New York Business on New York’s New Cannabis Law

James K. Landau

The historic passage of New York’s new Cannabis Law (on March 31, 2021) – that legalizes adult-use of cannabis (marijuana) – has made Jim Landau a very popular lawyer at McCarthy Fingar. Jim, who leads the firm’s Cannabis Law group, was recently interviewed by Crain’s New York Business on the new law’s effect on mortgage financing for landlords who lease property to weed dispensaries, in an article entitled, “Small landlords could see big benefits of marijuana legalization.” The interview is excerpted below:

“There’s also a chance that banks may look the other way, said James Landau, a legal expert on cannabis.

‘The landlords that have federally backed mortgages are nervous they may have to list who their tenants are and who their businesses are,’ he said, ‘but the likelihood is that there’s not going to be enforcement here.’

Even if a landlord doesn’t have a federally backed mortgage but is depositing its rent roll from a marijuana tenant into the bank, that could technically be an issue. But it all depends on how much the bank is willing to inquire about who the landlord’s tenants are, Landau said.”

03/16/2021

Rosh and Bramson Win Appeal on Appointment of Successor Trustee

Howell Bramson Robert H. Rosh McCarthy Fingar’s Surrogate’s Court Litigation lawyers represent clients in all phases of litigation on trusts and estates matters, including proceedings seeking the appointment or replacement of trustees of living or testamentary trusts. In Matter of Burrows, Robert H. Rosh and Howell Bramson, representing the preliminary executors of the decedent’s estate, won on summary judgment a proceeding in which their clients sought the appointment of a successor co-trustee of a multi-million dollar, living (grantor) trust (the “Trust”). On appeal, the Appellate Division, Fourth Judicial Department, unanimously affirmed the Surrogate’s Court decision and order granting our clients’ summary judgment motion. On their summary judgment motion, Rosh and Bramson established that the trust instrument required that the Trust be administered by two (2) trustees, but that, through deposition testimony and documentary evidence, the sole surviving co-trustee of the Trust was unfit to administer the Trust without the assistance of a co-trustee. In finding that the surviving co-trustee was unfit, the Surrogate’s Court found that the surviving co-trustee had failed to comply with various terms of the trust instrument, and had improperly delegated his fiduciary duties thereunder to another individual for years after the resignation of the original co-trustee of the Trust. The Surrogate’s Court consequently concluded that “[g]iven [the surviving co-trustee’s] less than adequate interest/ability to solely administer the Trust[,] together with the nature and language of the Trust, . . . two trustees (co-trustees) [were] necessary.” In granting our motion, the Surrogate’s Court further pointed out, and found, that the surviving co-trustee’s counsel’s argument that the proceeding was barred under the doctrine of res judicata, was without merit.
03/05/2021

Borrelli Lectures on Recusal and Disqualification Issues

Hon. Edward P. Borrelli

Judge Edward P. Borrelli, a member of our  Guardianship PracticeTrusts & EstatesMatrimonial & Family LawAppellate Practice and Mediation & Arbitration Practice groups, presented on “Recusal and Disqualification Issues” at a Continuing Judicial Education Program sponsored by the New York City Civil Court Judges Association.