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 L E G A L   B R I E F 
March 2014
Newsletter Archive
Client Advisory
Client Advisory
Landlord/Tenant Update
Negotiating Update
Wills, Trusts & Estates Update
Firm News
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Campolo, Middleton & McCormick, LLP, is a full-service business law firm that represents clients in a wide variety of legal matters including litigation and appeals; corporate and technology; real estate development and zoning; wills, trusts and estates; labor and employment; personal injury matters including the defense of general liability, construction, premises liability and transportation cases.
4175 Veterans Highway Suite 400
Ronkonkoma, NY 11779
p 631-738-9100
f  631-738-0659

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The information contained in this newsletter is provided for informational purposes only, and should not be construed as legal advice on any subject matter. The Firm provides legal advice and other services only to persons or entities with which it has established an attorney-client relationship. No recipients of information from this newsletter, clients or otherwise, should act or refrain from acting on the basis of any information included in this newsletter without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this newsletter contains general information and may not reflect current legal developments. The Firm disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this newsletter.

Client Advisory

NYC Earned Sick Time Act
Goes into Effect April 1, 2014
by Lauren Kanter, Esq.

KanterEffective April 1, 2014, private sector New York City employers with five or more employees must provide paid sick time to all employees who work at least 80 hours in a calendar year.

Accrual and Use
Mayor Bill de Blasio signed the City Council's expanded sick leave bill earlier this year. The New York City Earned Sick Time Act (the "Act") provides that these private sector employees will now earn up to 40 hours of paid sick time per year, accruing at a rate of one hour for every 30 hours worked. The Act covers both full-time and part-time workers.

To read more click here >>

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Client Advisory

Crossfit Liability: Protecting your Business
by Scott D. Middleton, Esq.

In addition to being an attorney here on Long Island, I'm an avid CrossFit Athlete and have been participating in CrossFit for over 18 months now. The benefits from this type of fitness regime have had a tremendous impact on me: overall better fitness and nutrition, coupled with a sense of camaraderie among fellow CrossFitters and especially in one's own gym. It has helped me both personally and professionally.

With the rising popularity of CrossFit here on Long Island and across the country it's important to understand the risks to gyms and fitness centers that host these high intensity exercises. As a business owner or operator it is imperative to know how to protect yourself. Therefore, the question becomes how a CrossFit business can protect itself and its employees from potential lawsuits.

To read the full article, click here >>


Landlord/Tenant Update 

Subtenant's Liability for Holding Over
After Termination of Its Sublease

by Patrick McCormick, Esq.
McCormick Who is responsible for the damages that result when a commercial sub-tenant holds over past the expiration of its term causing the tenant to incur damages under its lease?  In what appears to be a case of first impression in the Second Department, in PHH Mtge. Corp. v. Ferro, Kuba, Mangano, Sklyar, Gacovino & Lake, P.C.  the Appellate Division has confirmed that, with appropriate lease clauses, the sub-tenant is liable for the damages incurred by the tenant resulting from the sub-tenant's failure timely to vacate the premises it occupied.
The facts in PHH are simple enough: Owner/Landlord leased certain premises to Tenant.  Tenant sublet the entire premises to PHH.  PHH then sub-sublet a portion of the premises to Sub-subtenant Ferro Kuba.  The rent Ferro Kuba was obligated to pay to PHH was about one-half the amount of rent paid by PHH to the Tenant and about one-quarter the amount of rent paid by the Tenant to the Landlord.  The Master Lease between the Landlord and the Tenant provided for holdover damages to be paid to the Landlord in the amount of one and one-half the amount of base rent for each month of the holdover.  The Sublease between the Tenant and PHH and the Sub-sublease between PHH and Ferro Kuba each incorporated by reference all the terms of the Master Lease, which included the holdover damages clause.

To read more click here >>

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Negotiating Update 

Mandela - Master Negotiator
by Joseph N. Campolo, Esq.
Campolo3 Nelson Mandela was the "greatest negotiator of the twentieth century," wrote Harvard Law School Professor and Program on Negotiation Chair Robert H. Mnookin in his book, Bargaining with the Devil, When to Negotiate, When to Fight. In Lessons from a Master Negotiator: Nelson Mandela, published in Harvard Law School's Negotiation Briefings, dealmakers worldwide can learn from the South African anti-apartheid revolutionary, politician, philanthropist and "master negotiator" and his legacy in South African history.

The article suggests that by listening, observing, and caring enough to learn about the grievances and worries of those we interact with, we can best respond to their core, intense and very personal needs. Which can then help to soften the resistance those people have regarding the issues that matter most to us. This skill is often referred to as emotional intelligence, described as the ability to accurately read our counterparts' emotions, manage our own feelings, and successfully mediate conflict. 

To read more click here >>

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Wills, Trusts & Estates Update

Can You Revoke An Irrevocable Trust?
by Martin S. Glass, Esq.

GlassThe simple, knee-jerk answer to that question should be no, as that's the point of an irrevocable trust.  But, believe it or not, if you said that, you'd be wrong.  There are actually several different ways to revoke an irrevocable trust.  It's not a simple procedure, but there are certain times that it makes sense to get rid of it and start over.

One such time would be when a trust was set up 10 or 15 years before.  Given the changes in the income and estate tax laws, the trust may be more trouble and expense than it's worth.  Worse, a trust set up to save taxes might even increase them.

To read more click here  >>


Firm News

CMM Executive Breakfast "Women's Leadership: Strategies for Success for Female Executives"


The firm will be hosting a breakfast event on Wednesday, April 2nd from 8:30 - 10 am at the Clarion Hotel in Ronkonkoma. Join us for a breakfast event to discuss the issues and unique challenges women face in the workplace. Hear from our panel as they share insight on developing career plans, setting goals and the pursuit of a healthy work-life balance. For more info, or to register contact vtringone@cmmllp.com.  

Malafi Honored at Touro Law Center   
We congratulate Christine Malafi, Esq. on her inclusion in the prestigious group included in the "Woman in the Law: Historic Firsts in New York State and Suffolk County" exhibition at Touro Law Center.

Truong Spotlighted in LIBN
Who's Who in Intellectual Property Law  
Deblois We congratulate Eryn Truong, Esq. on being spotlighted in the LIBN Who's Who in IP Law. Truong discusses the need for companies to develop effective strategies to protect their IP in the global market place.

Basso Spotlighted in LIBN Who's Who in Labor Law
Basso We congratulate Jeff Basso, Esq. on being spotlighted in the LIBN Who's Who in Labor Law. Basso discusses the proposed legislation of the Working Families Flexibility Act, which involves compensatory time off.


CMM Sponsoring 2014 BNL event    
CMM is a proud sponsor of the upcoming "Doing Business with Brookhaven National Laboratory" on Wednesday, May 7, 2014. The U.S. Department of Energy's Brookhaven National Laboratory is hosting an inaugural Technology Commercialization & Partnerships/Small Business Program event. The free event will afford ample opportunity to interact with the BNL staff, with breakout sessions dedicated to sponsored research and procurement, as well as technology transfer, and how to engage scientific user facilities. For more info, visit

29th Annual Child Abuse Prevention
Services Spring Luncheon     
CMM is proud to support the 29th Annual Child Abuse Prevention Services (CAPS) Spring Luncheon on April 10th at the Carltun in East Meadow. CAPS President, Patrick McCormick, Esq., invites you to learn more about the organization and how you can help support their mission of working together to keep every child safe from harm through prevention-through-education programs. Visit http://www.capsli.org for more information.

National Healthcare Decisions Day    
The 2014 National Healthcare Decisions Day is Wednesday, April 16. Through a public service project organized by the  New York State Bar Association, CMM attorney Marty Glass, Esq. will be leading a number of presentations explaining legal procedures and documents to help New Yorkers make better, more informed healthcare and financial decisions. Topics include: Why you need a will, The differences between living wills and health care proxies,and purpose of a power of attorney. The next events will be on April 16th at the Flanders Senior Nutrition Center in Riverhead and on April 21st at the St. Joseph's Village Senior Citizen's Housing.

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Campolo, Middleton & McCormick, LLP
4175 Veterans Highway, Suite 400
Ronkonkoma, NY 11779
p 631-738-9100 | f 631-738-0659
contact@cmmllp.com | www.cmmllp.com