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Business and personal transactions, litigation and dispute resolution

Banking Professionals

Commercial and Residential transactions handled with ease.

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Business and Corporate

We can manage all your business and contract needs - from simple to complex.

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Individuals

From matrimonial disputes to DWI to real estate matters, Flink Smith is the clear choice to handle your case.

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Insurance Professionals

See why discerning insurance Companies choose Flink Smith to handle coverage and claims defense.

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Latest Case Reviews

The Court Appeals’ Nesmith Decision: Reduced Coverage Implications for Insurance Companies and the Public

By: Christopher Guetti This article focuses on a policy provision, known as the non-cumulation clause, which is present in most policies, but may not be well known to the insureds that buy those polices, and the impact of the recent Nesmith decision by the Court of Appeals in reviewing Allstate’s provision. A non-cumulation clause, also […]

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Is Lead Paint Affecting Your Real Estate Property Tax Assessment? Better make sure you have sustainable proof.

It is rare that you see a case that combines tax assessment, the value of real property and the potential landlord liability issues associated with the presence of lead based paint at the premises. Those two issues came together in the Court of Appeals case of Roth v. City of Syracuse, 21 N.Y.3d 411 (2013). In Roth, […]

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When DWI = Murder

Court of Appeals Issues Major Decision about Sufficiency of Proof in Depraved Indifference Murder Charges Occurring while the Driver is Intoxicated The Court of Appeals had issued a major decision regarding the legal sufficiency of proof needed to establish the requisite mental state to show depraved indifference in situations involving DWI cases. The Court decided […]

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Latest Blog Posts

December 16, 2014

OCA Orders Change in Filing Requirements to Protect Against Identity Theft

By: Christopher Guetti The chief administrative judge has issued a new section of the Uniform Rules of the Supreme and County Courts, Section 202.5 (e).  The new rule was designed to limit access to information about litigants that may be accessible through the review of filings with the Court accessible to the public.  As you […]

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December 4, 2014

Were you ticketed in the New York State traffic enforcement efforts during the long Thanksgiving weekend?

By: James L. Maswick The New York State Police conducted a traffic enforcement effort over the 2014 long Thanksgiving holiday weekend. Conducted from November 26–30th, 2014, the focus was on enforcing New York State traffic laws regarding driving while intoxicated, speed enforcement, underage drinking, and distracted drivers, including driving while talking on a cell phone […]

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November 18, 2014

Deposition Rights of Non-Party Witnesses Superceded by Statutory Amendment

Section 3113 of the New York Civil Practice Law and Rules is the primary statute that governs attorney conduct at depositions.  It discusses persons before whom depositions may be taken, witness oaths, and technical procedures, including how to conduct the direct examination and cross-examination of party and non-party witnesses.  Originally enacted in 1962, the statute […]

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