Author Archives: Maurice J. Verrillo
Using Auto and Health Insurance Coverage for Accident Injuries
In New York State, individuals involved in car accidents can obtain reimbursement for the costs of injuries through their automobile and health insurance policies. The state’s no-fault insurance laws prioritize first-party coverage for medical and other expenses in many cases, while preserving the right to sue third parties in cases of serious injuries. This system […]
Understanding Your Right to Damages if Bitten by a Dog
In New York, victims of dog bites are often able to recover money damages, but there are important evidentiary requirements that must be met. New York follows the “one bite” rule, which holds a dog owner strictly liable under certain circumstances but also limits the type of damages that a victim can recover. The “one […]
The Most Prosecuted Illegal Drug Crimes in New York
New York’s drug laws are among the strictest in the nation, focusing on both punishing offenders and abating the opioid crisis. The illegal drugs most frequently prosecuted in the state include cocaine, heroin, fentanyl, methamphetamine and MDMA (Ecstasy). These drugs are often the targets of take-down operations aimed at distribution rings, but even simple possession […]
When May You Plea Bargain a DWI to a “Wet Reckless”?
In New York, a “wet reckless” plea bargain refers to a reduced charge that replaces a standard charge of driving while intoxicated (DWI). The term is used informally to describe reckless operation of a vehicle with alcohol influencing the driver’s abilities, but at a level of impairment less severe than what would constitute a DWI […]
[New Version] When Do Federal Authorities Have Jurisdiction Over Criminal Cases?
The United States has two parallel court systems — state and federal. State courts handle most criminal and civil cases, enforcing laws enacted by state legislatures. Federal courts, however, deal with cases that involve federal laws, the U.S. Constitution and issues that transcend state boundaries or involve national interests. Federal jurisdiction over criminal cases arises […]
What Justifies a Modification of Spousal Maintenance in New York?
Spousal maintenance, as alimony is known in New York, is designed to help one spouse maintain their standard of living following a divorce. Typically, it is paid in a fixed, recurring amount over a predetermined period. However, changing financial circumstances for either ex-spouse can necessitate a modification of the maintenance payment. To qualify for a […]
How Grandparents Can Seek Visitation Rights Over Parents’ Objections
In New York State, the right of grandparents to seek visitation with their grandchildren is a matter of legal recognition and judicial discretion. The law acknowledges the unique and valuable role that grandparents often play in the lives of their grandchildren. Grandparents may petition the court for visitation rights, but several factors and conditions influence […]
How Is Child Support Determined When the Parents Have Joint Custody?
In New York, courts determining child support aim to balance equitably the financial responsibilities of parenting. A complexity arises when parents share physical custody of their child with an approximately equal distribution of parenting time. Under such circumstances, there can be a twist to the traditional model of designating a custodial and a non-custodial parent […]
What to Expect in the Probate of a Will in New York
The role of a personal representative, also known as an executor, is a pivotal one in the administration of a deceased person’s estate in New York. This responsibility encompasses a series of steps designed to ensure that the decedent’s wishes, as expressed in their will, are honored, and that the estate is settled in accordance […]
How New York’s Revised Law Will Change Rape Prosecutions
New York’s adoption of the “Rape Is Rape Act” marks a significant shift in the prosecution of sexual offenses in New York State. This law, set to take effect on September 1, 2024, broadens the definition of rape to include any form of vaginal, oral or anal sexual contact, whereas the current law limits rape […]
