Daniel A Singer Law Office

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Neighborhoods: Midtown Manhattan, NoMad
AKA: Law Office Of Daniel A Singer
Other Link: http://dasingerlaw.com
Categories: Attorneys, Accident & Property Damage Attorneys, Adoption Law Attorneys, Business Law Attorneys, Business Litigation Attorneys, Child Custody Attorneys, Construction Law Attorneys, Corporation & Partnership Law Attorneys, Criminal Law Attorneys, Divorce Attorneys, Family Law Attorneys, General Practice Attorneys, Labor & Employment Law Attorneys, Landlord & Tenant Attorneys, Patent, Trademark & Copyright Law Attorneys, Real Estate Attorneys

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Phone: (212) 569-7853

Address: 245 5th Ave Rm 1902, New York, NY 10016

Website: http://dasingerlaw.com

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Daniel A Singer Law Office

Divorce
Critical to the success of any business is the existence of clearly drafted contracts. We draft, negotiate, and review contracts which are pertinent to the needs of small and medium-sized businesses, including, among others, leases, promissory notes, purchase agreements, service contracts, agency agreements, buy-sell agreements, brokerage agreements, and licensing agreements. We also represent clients in the purchase and sale of businesses. Divorce and Family Law Practice
Child Support
Where issues of child support do not arise from a divorce or other matrimonial action, they are determined by the Family Court of the State of New York rather than the Supreme Court of the State of New York, though some exceptions apply. Even when issues of child support arise in a matrimonial action, child support may be determined by determined by Family Court either at the direction of the Supreme Court judge or on application by either party. A child support proceeding is commenced in the Family Court by filing a petition, which has the effect of placing matter on the court’s calendar. Child support matters are initially heard and determined by magistrate judges. Child support is paid by the non-custodial parent to the custodial parent. At the request of the custodial parent the court must issue an order for temporary child support pending the final determination of the case. Up to a certain baseline amount, child support is determined in accordance with a statutory formula which takes into account the combined income of both parents. As of April 2016, such baseline amount is $143,000.00 per annum. A court may deviate from the statutory formula in making its determination but, in order to so, it must examine certain factors including, by mere example, the financial resources of the non-custodial parent and the custodial parent and the child; the physical and emotional health of the child and his or her special needs or aptitudes; the educational needs of either parent; and, if the non-custodial parent is supporting other children, the needs of those children. Family Offense Proceedings
Child Custody and Visitation
Navigating a case in Family Court can be a daunting process. At The Law Offices of Daniel A. Singer PLLC, we make the process easier by providing quality and personalized attention to your matter. Below are examples of some of the types of case which we litigate in Family Court. Custody and Visitation Proceedings
Adoption
Paternity
Unlike in matrimonial actions, where all aspects of the familial relationship are handled as part of one action, actions in Family Court are divided into separate proceedings. Child support proceedings, for instance, are handled separately from actions involving the custody and visitation with the children. Other types of proceedings handled in Family Court include, by example, those involving the abuse or neglect of a child; those which seek the termination of a parent’s rights; and those which seek the adoption of a child. They also include paternity proceedings; juvenile delinquency proceedings; and supervision proceedings.
Premarital Agreement
The area of family law encompasses many forms of legal proceedings. It is also involves the preparation of documents designed to avoid domestic conflicts such as prenuptial agreements (executed by the parties prior to marriage) and postnuptial agreements (executed during the course of a marriage). At The Law Offices of Daniel A. Singer PLLC, our New York family attorneys represent clients in matrimonial actions and proceedings in Family Courts as well as prepare prenuptial and postnuptial agreements.
Spousal Support
Until recently, there was no such thing as a “no fault” divorce in New York. A party commencing a divorce action (known as the plaintiff) would have to allege specific grounds for a divorce other than “no fault” and- if there was a dispute as to such grounds- the plaintiff would need to prove such grounds at trial. These grounds, which continue to exist today, are the cruel and inhuman treatment of the plaintiff by the defendant; abandonment of the plaintiff by the defendant for a period of at least one (1) year; confinement of the defendant to prison for at least three consecutive years; adultery; and living apart pursuant to a separation agreement for at least one (1) year. In 2010, a new ground for divorce was added in New York- irretrievable breakdown of the marriage for at least six (6) months- conventionally referred to as “no fault” divorce. No judgment of divorce can be granted on this ground, however, unless the issues of equitable distribution of property, spousal support, child support, counsel fees, and custody and visitation have either been resolved by the parties or determined by the court. Equitable Distribution of Marital Property
Annulment
Matrimonial actions are typically commenced in the county where one or both of the parties reside. Both a divorce and an annulment seek the dissolution of the marriage. There are various grounds for divorce under New York law. Unlike a divorce, an annulment treats a marriage as if it never happened. Some marriages are void as a matter of law such as incestuous marriages, bigamous marriages, and those which were not solemnized by a proper official. That is, the law treats them as if they never occurred in the first place. Other marriages are voidable. Voidable marriages include those where one or both of the parties are under the age of 18; one or both of the parties are incapable of consenting to the marriage because of want of understanding; one or both of the parties are physically incapable of performing sexual intercourse and such incapacity pre-dates the marriage; a party’s consent to the marriage was obtained by force, fraud, or duress; or where one of the parties has an incurable mental illness for a period of 5 years or more.
Child Abuse
With some exceptions, where the custody and visitation issues do not stem from a divorce or other matrimonial action, they are heard and determined in the Family Court of the State of New York rather than in the Supreme Court of the State of New York. Even when such issues arise in a matrimonial action, custody and visitation may be determined by the Family Court rather than the Supreme Court either at the option of the parties or at the direction of the judge of the Supreme Court presiding over the matrimonial action. A proceeding for custody and visitation in commenced by filing a petition in the Family Court, which has the effect of placing the matter on the court’s calendar. At its discretion, the court will appoint an attorney to represent the child in the action. At the request of the parties or at its own discretion, the court might order a forensic report to be conducted by a psychologist or other mental health care professionals to assist it in making a determination regarding custody or visitation orders. Where there are indications of child abuse, to court may order a child protective service report or investigation. While the court will generally encourage the parties to reach a settlement, where a settlement is not possible a full hearing is required to determine matters of custody and visitation. In so doing, the court applies the “best interest” of the child standard in which it examines the totality of circumstances to determine what custodial and visitation arrangement would be best for the child Child Support Proceedings

Theft

Business and Corporate Law

Corporate Law
One of the most important decisions in starting a new business is choosing the correct entity through which to conduct your business, be it a corporation, limited liability company, partnership, or some other entity form. Our New York business formation attorneys advise clients as to the correct business entity for their specific purpose and prepare all necessary documents relating to the formation and administration of such entity including shareholder agreements, partnership agreements, and operating agreements.
Business Formation
Simply put, defamation involves the making of false statements which damage a person’s reputation. In the age of the Internet, the magnitude of defamation and damages which it can cause to one both personally and professionally has increased dramatically. We represent both victims of defamatory conduct as well as those that have been accused of engaging in such conduct. ( see more ) Business Formation and Administration
Business Disputes
Critical to any business is the provision of sound legal advice. At The Law offices of Daniel A. Singer PLLC, our New York business law attorneys represent clients in business disputes, both with respect to matters which are litigated in New York courts as well as those which are addressed in alternative forums of dispute resolution, such as arbitration and mediation. We also advise clients with respect the formation and administration of the entity through which they operate their business; represent clients in legal transactions, such as the negotiating and drafting of contracts and the buying and selling of businesses; and provide day-to-day counseling to clients on matters which are pertinent to them. We also represent individuals and businesses with regard to the collection of unpaid debts and the enforcement of judgments, counseling both clients that are pursuing such debts as well as those businesses and individuals that are being pursued for payment of same.
Business Transactions
Being served with legal papers can be a frightening experience. The first thing that you should do when you are so served is to contact an experienced NY business litigation attorney as there are strict time periods for responding. In consultation with counsel, you then need to decide how you are going to respond to the action. Assuming that you are served with a complaint (which is not always the case), the initial response will generally be either an answer or a motion to dismiss. If you interpose an answer, you can assert affirmative defenses to the action and also assert counterclaims against the plaintiff. If there are other defendants in the action you can also assert claims against them, with such claims being referred to as cross-claims. You can also try to dismiss the case in its entirety or some of the claims asserted in the complaint. This is known as a motion to dismiss. In representing you as a defendant in an action, we can advise you as to these important first steps which can critically influence the outcome of the case. Business Formation and Commercial Transactions
Limited Liability Companies
Limited liability companies are a relatively new form of entity under New York law. Similar to corporations, limited liability companies provide business owners with a degree of protection from liability. However, they generally allow for more flexibility with respect to their administration than do corporations. In New York, limited liability companies are formed by filing a company’s articles of organization with the New York Department of State. Ownership interests in a limited liability company are referred to as membership interests and those who own such interests are referred to as members. A limited liability company may be managed by its members or may be managed by managers. In New York, a limited liability company is required to have a written operating agreement. The operating agreement sets forth, among other things, the management structure of the limited liability company, the relationship between members, how decisions are made in the company, and how membership interests may be sold or otherwise disposed.
Intellectual Property
Unfair Competition
Similarly, when a competitor behaves dishonestly, such as by imitating one’s product or aspects of one’s product, it may be possible to assert a claim for unfair competition.

Employment Contract
At The Law Offices of Daniel A. Singer PLLC, we draft, negotiate, and revise all agreements affecting small and medium sized business such as service contracts, contracts relating to the purchase and sale of goods, employment agreements, license agreements, service agreements, and debt instruments.

Real Estate Litigation
Given the complexities of New York real estate law, it is generally a good idea to hire an attorney prior to executing a commercial or residential lease. That way, you can be sure you fully understand the terms of the lease which you are about to sign so that you know what you are getting yourself into and also so that you can attempt to address those concerns with the landlord prior to executing the lease. Because a lease is a final and binding agreement, it is unlikely that you will be able to get the landlord to modify those terms once the lease has been executed.
Construction Litigation
Construction litigation can take on a variety forms and may involve, by mere example, the failure to perform renovations in an apartment or home pursuant to an agreed-upon contract; defects with respect to the build out of a commercial space; and problems associated with a new development. When contemplating pursuing a claim based on defects in construction, it is important to consult with counsel as soon as possible so as to address proper ways to preserve the evidence and to identify the parties to a prospective lawsuit. In the instance that a claim is asserted against you relating to construction defect, we are prepared to defend you aggressively. Part of such defense may involve, by example, identifying the true parties which may responsible for the alleged defects and pursuing your insurer for coverage when you are denied same in the first instance.
Real Estate Transactions
Thankfully, most real estate transactions go smoothly. Unfortunately, problems do occasionally arise. Common problems include the failure to perform pursuant to the terms of a contract of sale; misrepresentations regarding the status of a property; breach of the terms of a closing agreement; and the failure to return monies which may have been escrowed. When such matters cannot be resolved out of court, we are prepared to prosecute claims which may arise from such transaction as well as defend you from any claims which may be brought against you stemming from same.
Landlord-Tenant Disputes
The laws involving real estate in New York are complex. At The Law Offices of Daniel A. Singer PLLC, our New York real estate lawyers focus on representing clients in real estate and real estate-related litigation and in landlord-tenant litigation. We also negotiate and draft lease agreements on behalf of clients.
Property Damage
In New York, occupying a commercial and/or residential space in a building which is also occupied by other owners and tenants is a fact of life. Along with living and/or operating your business in such a shared space environment comes the risk of incurring property damage. When contemplating a claim for property damage, it is important to consult with counsel as early in the process as possible so as to evaluate the matter and ensure that the appropriate inspections are conducted. If you are accused of having caused property damage, we are prepared to represent you effectively and such defense may also include asserting claims against the true perpetrators of such alleged damage. Please feel free to contact us. Condo and Co-op Disputes

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