Kirwan LawSyracuse NY Lawyers | Business Law, Litigation Attorneys2026-07-21T19:51:08Zhttps://www.kirwanlawnewyork.com/feed/atom/WordPress/wp-content/uploads/sites/1404922/2025/10/cropped-Kirwan-law-site-icon-32x32.pngOn Behalf of Kirwan Law<![CDATA[Sentimental items can lead to probate disputes]]>https://www.kirwanlawnewyork.com/?p=490522026-07-21T19:51:08Z2026-07-21T19:51:08ZProbate disputes between family members do sometimes involve high-value assets. The focus is on the financial value more than anything else. An example could be siblings who are fighting over how to split up $10 million that their parents had in the bank when they passed away. They all want their share of the money.
But one important thing to keep in mind is that items with strictly sentimental value can also lead to probate disputes. Children may feel nostalgic about books, artwork, home furnishings, vehicles, jewelry collections and much more. Disputes often revolve around who should get specific assets, and the children are not focused on the financial value at all.This often complicates the chances of finding a resolution. If they were just thinking about financial value, they could sell the asset and split up the money. But with sentimental value being the main driver behind the dispute, selling it does not actually make sense.
Major assets can also have sentimental value
Additionally, remember that some valuable assets may be worth a lot financially, but also contain sentimental value that makes it difficult to determine how to address them.An example could be a family cabin or a vacation property. If children grew up going there every summer with their parents, some of them may want to keep the property in the family so that they can go with their own children. Others, however, may see real estate as a valuable asset that should be sold so that they can split up the proceeds.Ideally, parents will leave an estate plan to provide guidance to their children. But even when they do, disputes are still possible, and it is important for those involved to understand their legal options while going through probate litigation.]]>On Behalf of Kirwan Law<![CDATA[4 contract red flags every Syracuse entrepreneur should know]]>https://www.kirwanlawnewyork.com/?p=490462026-07-21T13:57:04Z2026-07-21T13:52:37ZIdentifying contract red flags
Contracts are not just paperwork. They explain payment terms, party duties, liability for mistakes and dispute resolution methods. Unclear contract terms can lead to misunderstandings and disputes, so it's wise to look for any red flags and examine everything carefully before signing. Common contract red flags include:
Automatic renewal clauses: Some contracts renew automatically unless cancelled before the deadline. Certain New York laws require explicit written renewal reminders for certain automatically renewing contracts, so business owners should review renewal provisions carefully.
Unclear wording: When a contract describes the payment terms, delivery or other important details in vague or confusing language, it can lead to disagreements between the parties down the road.
Unfair liability clauses: Some contracts place most of the financial and legal responsibilities on one party, making them pay for the other party's losses.
Termination clauses: Every contract should explain how the parties can end the agreement. If only one party can end the contract or the contract includes harsh penalties or an unreasonably long notice period, this may create problems for the other party.
Spotting these red flags early – before signing – is often the easiest way to avoid a costly dispute later.
Why reviewing contracts matters
Even what looks like a standard contract may contain terms that affect your business. You should take the time to review every contract carefully to protect your business and avoid future disputes. Paying attention to the fine print now can prevent costly litigation later. Having a clear, well-drafted agreement gives you the confidence to focus on growing your company.]]>On Behalf of Kirwan Law<![CDATA[Should your business partner be similar to you?]]>https://www.kirwanlawnewyork.com/?p=490442026-07-06T14:09:51Z2026-07-06T14:09:51ZIt is very natural for people to choose business partners who are similar to them. After all, they both work in the same industry and they may have a similar background. It also feels natural to work with someone you like and get along with easily.
But in some cases, a business partner who is too similar could actually make your company weaker. It can create issues that could ultimately lead to a partnership dispute. It may be better to have a business partner who is a bit different and complements you in certain ways.
Overlapping roles
For example, one common cause of disputes is when people have overlapping roles or they both want to be in charge of the same decisions. If your area of expertise is the same as your business partner's, you are going to run into more conflicts.On the other hand, if both of you have very different backgrounds, the odds of conflict and disputes are lower. This broadens your overall skill set, making the company stronger as a whole.Say that a clothing company is started by two people who both went to school for clothing design and have a vision for what it should look like. They are naturally going to run into conflicts over creative decisions and design choices.But if the same company is started by one person who knows about the artistic side of clothing design and another who knows about online marketing and networking, the company as a whole is much stronger. Both partners can embrace their roles, and disputes are less likely.
Navigating a dispute
If you and your business partner do find yourselves involved in significant disputes, it is very important to understand exactly what legal options you have as you seek a resolution. An experienced attorney may be able to help you navigate this process and put the company's best interests first.
]]>On Behalf of Kirwan Law<![CDATA[Can I sue the driver for my car accident in New York?]]>https://www.kirwanlawnewyork.com/?p=490402026-06-30T09:53:51Z2026-06-30T09:43:21ZHow does New York’s no-fault insurance system work?
New York requires most drivers to carry personal injury protection (PIP) insurance. After a crash, PIP benefits can provide timely coverage for the victim’s medical bills, a portion of lost income, replacement services and other necessary expenses, regardless of fault.
Still, no-fault coverage does not mean you can never sue. If your crash injuries are serious enough, or if your losses exceed what no-fault benefits cover, you may file a claim against the driver who caused the accident.
When can car crash victims sue the other party?
In New York, you may sue the other party if your injuries meet the state’s “serious injury” threshold. This may include:
Dismemberment
Disfigurement
Loss of fetus
Bone fracture
permanent loss of use of a body organ, member, function or system
Significant or permanent limitation of use of a body organ or member
If your crash injuries fall into one of these categories, you can sue the other driver to seek compensation for your excess medical costs and pain and suffering.
What is the statute of limitations for personal injury claims?
In New York, personal injury claims are generally subject to a three-year statute of limitations. The clock begins from the date the accident or injury occurred and ends in the third-year mark. Waiting too long to file your claim will result in the dismissal of your right to sue.
A local car accident lawyer can explain your rights and determine whether your injuries meet the “serious injury” threshold. They can also inform you of the next steps forward, sue the other driver on your behalf, gather evidence and key witnesses for your case and advocate for you in the courtroom.]]>On Behalf of Kirwan Law<![CDATA[How the courts enforce restrictive covenants]]>https://www.kirwanlawnewyork.com/?p=490382026-06-18T23:58:46Z2026-06-18T23:58:46ZWith injunctions
The courts can issue injunctions prohibiting certain activities when one party files a lawsuit or as a remedy for the legal issue that triggered the litigation. A judge can prevent a former business partner from moving forward with the formation of a new company that directly competes with the business they previously helped run. The courts can also prohibit outside parties from releasing information to the public.
With an award of damages
Violations of restrictive covenants frequently have direct economic consequences for businesses. If the company can show that it lost sales, sustained reputation damage or suffered a reduction of its market share, requesting financial compensation could be a realistic option.
When there are records showing that the violation of a restrictive covenant had financial consequences, a judge may agree to award financial compensation to the company affected by the breach of the agreement. There may be other remedies available as well, depending on the terms of the original agreement, the type of breach that occurred and the impact of that breach.
Reviewing a restrictive covenant and any inappropriate activities with a business litigation attorney can help executives and owners understand their rights. A successful contract-related lawsuit can prevent continued breaches and diminish the harm caused by the violation of a restrictive covenant.]]>On Behalf of Kirwan Law<![CDATA[An LLC protects personal assets from commercial lenders]]>https://www.kirwanlawnewyork.com/?p=490352026-06-11T08:57:20Z2026-06-11T08:57:20ZTaking a business loan can feel intimidating, even when it is necessary. A new business owner may understand that they need an influx of cash to get their startup idea off the ground, and they are confident that that idea will make money in the long term. But there are no guarantees in business, so they also know that the company may not be viable, and it could be difficult to pay back significant loans.
One fear that these business owners have is that they are taking on too much risk. They may own a home for their family, and they may have retirement savings or other significant personal assets. Naturally, they do not want to put these assets or their family’s lifestyle at risk over their business idea. One way to avoid that risk is by using a limited liability company (LLC).
How is an LLC different?
Some business structures, such as a sole proprietorship, require the business owner to take loans out in their own name. Creditors can then come after both business assets and personal assets if the owner defaults on the loan.But with an LLC, the company itself can take out those loans. Only the business entity is responsible for paying back the cost of that loan. If the business does not pan out, creditors can still take business assets, remaining cash on hand, real estate and other things owned exclusively by the company. But they cannot come after the owner’s personal assets, like their retirement savings or their home.This is just one of the reasons why it is important to carefully think about what business structure you want to use when starting a new company. Be sure you know what legal options you have and what steps you will need to take to set everything up correctly, giving yourself the financial protections you are looking for.
]]>On Behalf of Kirwan Law<![CDATA[When can a minority owner challenge business decisions?]]>https://www.kirwanlawnewyork.com/?p=490332026-06-10T15:53:44Z2026-06-10T15:53:44ZWhen a decision violates governing documents
A minority owner may have grounds to challenge a decision if it conflicts with the company's operating agreement, partnership agreement, bylaws or other governing documents. These documents often establish how important decisions must be made and what authority owners possess.
When a decision unfairly benefits certain owners
A minority owner may also raise concerns when a business decision appears to benefit some owners at the expense of others. Actions involving self-dealing, conflicts of interest or unequal treatment can create disputes, particularly when they affect ownership interests or company resources.
When a decision harms the business
A minority owner may have reason to challenge a decision that threatens the company's well-being. Decisions that involve misuse of company assets, improper financial conduct or other actions that damage the business may raise serious concerns beyond ordinary disagreements about strategy.
Protecting your place in the business
Not every unpopular business decision creates grounds for a legal challenge. However, some situations deserve closer attention. If you believe a decision may have affected your rights, your ownership interest or the business itself, seeking legal guidance can help you better understand your options. Taking action early may help you address concerns before they grow into larger disputes.]]>On Behalf of Kirwan Law<![CDATA[Short-term and long-term car accident damages]]>https://www.kirwanlawnewyork.com/?p=490312026-05-29T01:58:02Z2026-05-29T01:58:02ZYou can seek compensation for damages suffered in a car accident. Two of the most common areas are medical bills and lost wages, but there are many other areas to consider, such as pain and suffering, loss of consortium, emotional trauma and more.
One key thing to remember is that there are both short-term and long-term damages, and you should try to include them all in any potential settlement. Short-term damages may include emergency medical treatment, transportation to the hospital and lost wages while you are either in the hospital or recovering at home.
Long-term expenses
But even if those short-term expenses are covered, you do not want to forget about your long-term damages. These are expenses that go far beyond your immediate costs.For example, say that you have suffered a spinal cord injury. You are going to need in-home care, physical rehabilitation, medication, surgery, physical therapy and many other medical services that go beyond emergency treatment. Some SCIs can cost over $100,000 annually. At the same time, even if you can eventually return to work in some capacity, you may be able to seek compensation for lost future wages or a reduced earning capacity. If you have a permanent injury or long-term disability that is going to change how much you can earn, and you deserve compensation for that reduction in wages that you and your family previously expected.
The complexities of a personal injury case
Seeking full compensation can be complicated. If you have been injured due to someone else’s negligence, it can help to work with an experienced personal injury attorney.]]>On Behalf of Kirwan Law<![CDATA[Dealing with a partner who has breached their fiduciary duty]]>https://www.kirwanlawnewyork.com/?p=490282026-05-17T22:11:23Z2026-05-17T22:11:23ZPeople who become business partners generally already know each other personally and/or professionally. That means they typically believe they can trust one another. However, President Ronald Reagan’s famous words during the Cold War, “trust, but verify” (actually a Russian maxim), apply here as in so many business situations.A solid partnership agreement is key to helping ensure that partners are clear in their obligations to each other and to the business and those who depend on it. It also needs to codify what the potential ramifications and remedies are for breaching their fiduciary duty to act in the best interests of the business (usually to benefit themselves or others).Business partners as well as directors, if there are any, and other officers and managers have fiduciary duties to the company. They’re often in a position to take advantage of their access to assets and information and misuse them. That’s why a breach of fiduciary duty can come with civil as well as criminal consequences.
What does a breach of fiduciary duty look like?
Among the most common partner breaches of fiduciary duty are:
Self-dealing (acting for one’s own benefit or that of someone else instead of for the benefit of the business)
Misuse of business assets or confidential information
Insider trading (using nonpublic information for profit)
Not disclosing a conflict of interest or other pertinent information
Incompetence or negligence can also be a breach of fiduciary duty. Those that have a fiduciary duty are expected to act with care and to know what they’re doing.
Remedies if someone breaches their fiduciary duty
The first step in holding a partner civilly liable for breach of fiduciary duty is to prove that they had a fiduciary duty, that they breached it and that the breach caused harm that can be compensated.Plaintiffs generally seek monetary damages to compensate the business for harm done to it – for example, if a partner was stealing potential clients for themselves, or maybe a relative or diverting earnings into their own offshore or other personal or business accounts.An important early remedy to a breach of fiduciary duty is often an injunction to prevent the partner from continuing their harmful actions. That’s why it’s critical to get legal guidance as early as possible if someone suspects a partner or other person with fiduciary duties of a breach. That can help protect a business’s interests from suffering any further harm.
]]>On Behalf of Kirwan Law<![CDATA[Can buyers back out after discovering environmental concerns?]]>https://www.kirwanlawnewyork.com/?p=490262026-05-14T13:51:43Z2026-05-14T13:51:43ZCommon environmental issues that may affect a sale
Environmental problems may appear during inspections or property reviews. Some issues may affect health while others may lower property value or delay financing. Common examples include:
Underground oil tanks
Mold, asbestos or lead paint
Soil or groundwater contamination
Flood zone or wetlands restrictions
Hazardous materials from prior industrial use
Septic or water quality problems
Nearby contamination from neighboring properties
These discoveries may make you question the purchase. In some cases, lenders or insurance companies may also refuse to approve the transaction until the issue is addressed.
What the purchase agreement may allow
The contract will usually decide whether you can cancel the deal. Many real estate agreements include inspection or due diligence contingencies. These terms give buyers time to review the property before closing.
The agreement may also cover inspection deadlines, testing rights, cancellation rules and cleanup duties. If you miss deadlines or waive certain contingencies, you may lose the right to back out later.
When disputes arise over disclosure
Real estate disputes sometimes begin after buyers believe the seller knew about environmental problems but failed to disclose them. In older properties, disputes may involve prior repairs, contamination history or earlier inspection reports.
Commercial transactions place more responsibility on buyers to investigate the property themselves. Still, disputes may arise if buyers claim the seller hid information or made misleading statements during negotiations.
How environmental concerns may affect the transaction
Environmental problems can affect more than the purchase price. Buyers and sellers may disagree about deposits, financing delays or cleanup costs.
Some parties may renegotiate the deal after discovering the issue. Others may decide to end the transaction. If neither side accepts responsibility, the dispute may lead to litigation.]]>