In New York State, especially on Long Island, real estate taxes are often among the largest costs associated with owning commercial real estate. Consequently, it is common for commercial property owners to file “real estate tax challenges” to reduce their taxes. However, the phrase “real estate tax challenge” can confuse property owners as to what is being challenged: not the tax itself, but the property’s…

In 1976, Jeffrey D. Forchelli founded a general practice law firm dedicated to serving local residents and businesses. From the outset, the firm — now known as Forchelli Deegan Terrana LLP — was grounded in excellence, personal service, and enduring client relationships. Those principles continue to define FDT five decades later. As the firm grew, so did its vision. Recognizing the value of strategic expansion,…

Those familiar with civil litigation are no strangers to discovery disputes. Discovery issues can delay a case for months, even years - but worse yet, these disputes often come with a hefty price tag for litigants.  To help streamline these disputes, the courts often appoint referees to supervise and streamline discovery by hearing and resolving disagreements amongst the parties, especially in more complex, contentious matters.…

Informed consent is a foundational principle of veterinary practice, reflecting both ethical obligations to clients and legal duties imposed under New York law. While the doctrine is more extensively developed in human medicine, veterinarians in New York are nonetheless expected to obtain a client’s informed consent prior to undertaking diagnostic or therapeutic procedures, particularly those involving material risk, anesthesia, or significant cost. Failure to receive…

If you’ve seen long lines outside a home that’s for sale and hosting an open house anywhere on Long Island, you know that the appetite for homes is growing faster than the market can keep up. Yet, the at-times byzantine nature of Long Island’s land use laws and codes makes addressing the need for housing a constant – if not growing – challenge. And while some…

Whenever commercial property owners challenge their real estate tax assessments, two critical dates are significant: the taxable status date and the valuation date. While the  two dates sound as if they could be interchangeable, each serves distinct purposes and is firmly established in law. More to the point, confusing the two can derail even the strongest assessment challenge. The taxable status date is the point…

New York’s Real Property Tax Law (RPTL) Articles 5 and 7 establish the framework for challenging real property tax assessments. For owners and practitioners, understanding both the administrative grievance process under Article 5 and the judicial review mechanism under Article 7- and, who qualifies as an “aggrieved party” - is essential to preserving a viable claim. Administrative Review Under Article 5 Article 5 governs the…

A few years ago, I wrote an article regarding New York and federal efforts to impose restrictions on non-compete agreements in employment. While efforts to limit the use of non-compete agreements have been widespread, their current legal impact has been negligible. On the federal level, the Trump administration abandoned the Biden administration’s attempts to prohibit non-competes nationwide, opting instead to focus on a case-by-case approach. …

Two key dates where assessing jurisdictions make instrumental decisions that play a crucial role in determining a property’s assessment are the taxable status and valuation dates. §302 of the Real Property Tax Law (RPTL), provides that real property must be assessed “according to its condition and ownership” as of the taxable status date. The date varies by assessing jurisdiction, so please verify this date with…