Law Office Of Theodore Kaplan

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Law Office Of Theodore Kaplan

Restraining Order
Special proceedings are relatively speedy and abbreviated (though not inexpensive) court proceedings sanctioned by Article 4 of the CPLR. A notice of petition, petition and answer, take the place of formal pleadings. The proceedings are commenced by way of order to show cause, particularly where a temporary restraining order ("TRO") is required in order to preserve the escrow funds, while the ultimate rights to relief are litigated. A TRO request, pursuant to CPLR 6313, would seek to restrain the bank from paying out the escrow funds to the judgment creditor. In order to secure the TRO, however, a bond must be filed with the order to show cause. Additionally, in order to have the bonding company waive a collateral deposit, the bonding company normally requires a copy of the title company’s certified financial statement or annual report to satisfy its underwriting requirements. Since the bond premium and the financial statement or annual report need to be delivered to the bonding company at least 24 to 48 hours before the TRO is requested, the application for the TRO bond should begin promptly.

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Email: Email Business
Extra Phones: Phone: (212) 370-5244
Neighborhoods: Midtown East, Midtown Manhattan
AKA: Theodore Kaplan Law Office
Other Link: http://rizzolawoffices.com
Categories: Attorneys, Bankruptcy Law Attorneys, Business Law Attorneys, Business Litigation Attorneys, Construction Law Attorneys, Contract Law Attorneys, Corporation & Partnership Law Attorneys, Discrimination & Civil Rights Law Attorneys, Domestic Violence Attorneys, Employment Discrimination Attorneys, Estate Planning, Probate, & Living Trusts, General Practice Attorneys, Labor & Employment Law Attorneys, Real Estate Attorneys, Sexual Harassment Attorneys, Wills, Trusts & Estate Planning Attorneys

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Details

Phone: (212) 953-0000

Address: 60 E 42nd St Fl 46, New York, NY 10165

Website: http://rizzolawoffices.com

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Law Office Of Theodore Kaplan

Restraining Order
Special proceedings are relatively speedy and abbreviated (though not inexpensive) court proceedings sanctioned by Article 4 of the CPLR. A notice of petition, petition and answer, take the place of formal pleadings. The proceedings are commenced by way of order to show cause, particularly where a temporary restraining order ("TRO") is required in order to preserve the escrow funds, while the ultimate rights to relief are litigated. A TRO request, pursuant to CPLR 6313, would seek to restrain the bank from paying out the escrow funds to the judgment creditor. In order to secure the TRO, however, a bond must be filed with the order to show cause. Additionally, in order to have the bonding company waive a collateral deposit, the bonding company normally requires a copy of the title company’s certified financial statement or annual report to satisfy its underwriting requirements. Since the bond premium and the financial statement or annual report need to be delivered to the bonding company at least 24 to 48 hours before the TRO is requested, the application for the TRO bond should begin promptly.

Business and Corporate Law

Corporate Law
The firm also regularly counsels corporations, partnerships and businesses on a variety of matters involving the formation of corporate, partnership, Subchapter S, and limited liability entities (LLC's and LLP's), and on commercial transactions and corporate governance and compliance issues.
Business Formation
Business Disputes
Sophisticated business owners know that almost all of their business disputes are over contract terms, and they want to be able to rely on the strength of their contracts in case of litigation. In our opinion a company's contracts are vital to successful business, and we understand this importance.
Business Transactions
Limited Liability Companies
Construction Contracts

Wrongful Termination
Employment Discrimination
In February 2019, the New York City Commission on Human Rights released a legal enforcement guidance about race discrimination on the basis of hair.
Employment Contract
Arbitrator Chair in an employee claim of breach of employment contract against a large auto dealership for failure to pay significant bonus compensation and other benefits
Employment Litigation
Albert Rizzo is a skilled arbitrator and mediator with a 35-year legal career of extensive experience litigating and resolving complex business and employment disputes. He began his alternative dispute resolution practice in 2011 and has mediated well over 100 cases -- the majority to successful resolution. As an arbitrator, he brings a judicial temperament to each proceeding, making certain that all parties are heard and have a fair opportunity to present their cases.
Non-compete Agreement
Our employment practice concentrates on representing employers and employees in employment relations and employment disputes. For employers, the firm counsels employers in developing appropriate employment policies, employment manuals, contracts of employment, non-compete agreements, and in managing a variety of employee-related issues. We design and build HR policies, including...
Severance Agreement
We also represent employees in their relationships with their employers when issues arise involving employment agreements, termination of employment, severance agreements, discrimination, and hostile work environment.
Sexual Harassment
: Employees no longer need to establish that harassing conduct was "severe or pervasive" to prove that harassment has occurred in the workplace; rather, they can now establish a lesser standard by showing that they were merely subjected to "inferior terms, conditions, or privileges of employment." This change is applicable to all claims of harassment - not just sexual harassment.

Real Estate Litigation
Our real estate practice also involves real estate litigation and representing title Insurance companies in title claims litigation.
Construction Litigation
Sponsor Issues, Shareholder/Unit Owner Disputes, Corporate Governance, Financing and Mortgage Transactions, Building Construction Issues, Staff/Employee Disputes, and Implementation of Best Practices and Policies.
Real Estate Transactions
Albert Rizzo has over 30 years of experience litigating complex commercial business disputes, employment discrimination cases, employment law claims, and real estate and title disputes. His practice areas also include business and corporate law, contract law, employment law, residential and commercial real estate transactions, and Italian law.

Disability Discrimination

Trusts and Estates

Estate Planning
As a court-certified mediator for the Commercial Divisions of the New York State Supreme Court, Al brings to the table three decades of litigation experience representing numerous clients in business, employment, construction and real estate litigation in the state and federal courts, and mediation and arbitration proceedings. He has mediated claims collectively involving nearly $100 million in alleged damages and has facilitated collective settlements in the millions of dollars.
Power of Attorney
In addition, however, the secured party must "perfect" its security interest. In this case, the filing of a UCC-1 Financing Statement is not required, as Section 9-104 of the Uniform Commercial Code ("UCC"), expressly excludes "deposit accounts" from the scope of Article 9. Perfection of a security interest in property outside of Article 9 of the UCC therefore requires that the secured party take possession of the collateral and exercise dominion and control over the collateral to the exclusion of the debtor. For example, a passbook savings account would typically be pledged by delivery of the passbook and a power of attorney to sign on the account of the debtor to the secured party, thereby removing the debtor's ability to access the bank account without the passbook, and giving the secured party exclusive possession and dominion.

Foreclosure
[1] Dime Savings Bank of New York FSB v. Luna, 302 A.D.2d 558, 755 N.Y.S.2d 300 (2d Dept. 2003). While the Appellate Division’s decision does not recite the complete facts of the case, the fact pattern used in this article is based upon the underlying facts of that case. The author represented the bona fide purchaser of the real property that was the subject of the mortgage foreclosure action commenced by the plaintiff.

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