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 L E G A L   B R I E F
August 2013
Newsletter Archive
Client Spotlight
Client Advisory
Negotiating Update
Landlord/Tenant 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.
3340 Veterans Highway Suite 400
Bohemia, NY 11716
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 Spotlight

Why Long Island Needs 7Bus
by William E. Schoolman, CEO, 7Bus

The mitigation of east-west traffic congestion is one of the most significant infrastructure issues impacting the livability and the future growth of Long Island. Everybody complains about it. 7Bus is doing something about it. 7 Bus Logo

You can't do business when you're stuck in traffic. If you try to do business when you're stuck in traffic, you could end up in a serious car accident with 6 points on your driver's license. There is no more capacity with the LIRR or their branch parking facilities. The Long Island Expressway is now considered the second most congested road in the US. 7Bus is exactly what Long Island needs if it wants to be competitive with other geographic areas. It's absurd that people traveling to NYC from areas like Pennsylvania can get to NYC faster than people traveling the same distance from Long Island.

7Bus is low cost, luxury transportation between Long Island and NYC, featuring free Wi-fi, personal power outlets, extra leg room, plush leather seats, individual cup holders and fares starting at $7. Generally 7Bus is $3-$5 less than the LIRR and a 70% savings over car costs, tolls, and parking. 7Bus offers amenities that encourage motorcoach travel which will solve traffic congestion issues. Each 7Bus takes 35 cars off the road. The benefits to the environment are significant. According to the Union of Concerned Scientists, a train gives off 2.5 times and a passenger car 6.4 times more carbon than a bus.

To read more click here >>


 Client Advisory

Important Information Regarding
Additional Insured Status

by Scott D. Middleton, Esq.


So you think you've done the right thing by requiring your tenant or a company performing services for you to name your company as an additional insured on its policy. You are then given only a certificate of insurance. You're on the Middleton right track but there's more to be done. Don't be satisfied with only this document - you need to see the policy itself.

Most certificates of insurance expressly state that the certificate does not alter the terms and conditions of the underlying policy. In order for your company to be afforded coverage under the policy, it must be listed in the policy, usually in a policy endorsement. Therefore, it is imperative that you obtain not only a certificate of insurance but the policy itself. Be sure that once you get the policy, you read it or pass it on to your attorney or insurance professional.

If the policy does not name your company within the body of the policy or in an endorsement to the policy, you are not an additional insured. If your company were then to be named in a lawsuit you would have to rely on your own insurance coverage and sue the vendor,tenant or company providing services for breach of contract. This is not the most enviable position to be in.


To read more click here >>


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Negotiating Update

Negotiation and Active Listening Skills:
Talk Less and Listen More 
by Joseph N. Campolo, Esq.

Few negotiators would argue the value of good listening skills. Listening skills can calm tensions, break stalemates, and help build creative deals. Most people overestimate their ability of this key skill, and lack an accurate Campolo3 understanding of the concept of active listening.

Active listening doesn't mean sitting patiently while your counterpart talks or does it simply entail saying "I understand" and establishing good eye contact. Rather, active listening is a dynamic process and key in any negotiation. Here are some tips to become a skillful active listener.
  1. Showing Your Interest: Prove you're listening by using body language or brief verbal replies that show interest and concern. Simple phrases such as "yes," "OK" or "I see" effectively show you are paying attention. This encourages the other person to continue talking and relinquish more control of the situation to the negotiator.
  2. Paraphrasing: Tell the other person what you heard them say, either quoting them or summarizing what they said.
  3. Emotion Labeling: This means attaching a tentative label to the feelings expressed or implied by other person's words and actions. This shows you are paying attention to the emotional aspects of what other person is conveying. When used effectively, emotion labeling is one of the most powerful skills available to negotiators because it helps identify the issues and feelings driving the other person's behavior.

To read more click here >>


 Landlord/Tenant Update 

Tenant Liability in Commercial Leases
by Patrick McCormick, Esq.
This article will address two recent appellate court rulings involving commercial leases and the tenant's liability for certain damages incurred by the landlord. The first, from the Appellate Division, First Department, involves an action McCormick by a landlord against a tenant for damages resulting from a flood caused by a rusted gauge on tenant's supplemental HVAC system. The second case is from the Appellate Division, Second Department and involves tenant's liability for post-termination rent.

In 45 Broadway Owner, LLC v. NYSA-ILA Pension Trust Fund, the tenant's predecessor installed a supplemental HVAC system that connected to the building's water risers. The lease provided that the parties' respective insurance policies would each contain an endorsement by which their respective insurance companies would "waive subrogation or permit the insured, prior to any loss, to waive any claim it might have against the other." The lease also provided that "each party releases the other with respect to any claim (including a claim for negligence) which it might otherwise have against the other party for loss, damage or destruction with respect to its property by fire or other casualty . . . occurring during the terms of this lease." In April 2010, in connection with certain work to be performed, the landlord notified the tenants that they were required to shut down any supplemental HVAC systems. During the work, the lobby of the building flooded and it was determined that a rusted and corroded pressure gauge on defendant/tenant's supplemental HVAC system burst, allowing water to flow out. The landlord suffered total damages (exclusive of attorney's fees and costs) of $136,055.22. The landlord's motion for summary judgment was granted and the tenant's cross-motion for summary judgment was denied.

To read more click here >>

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Wills, Trusts & Estates Update

Cleaning Out Your Parents' Home
by Martin Glass, Esq.

Emptying out a house sounds easy until it's you who has to do it. Recently, my parents moved permanently to Florida after being snowbirds for many years. What that really meant is that, outside of clothes, they had two of Glass everything and didn't really need (or want) to move anything. It was almost as if they had passed away since very little was actually going with them. I was told that I could take anything that I wanted.

We often hear older adults say "my children can have all this when I'm gone," without realizing that their styles and tastes are very different from ours. For the most part, we really don't have the desire (or storage space) to keep their household belongings. The duty to take care of all that "stuff" can be extremely overwhelming for their heirs. Perhaps they thought they were saving us from emotional or financial stress by not moving to a smaller home or retirement community, or not doing any of this themselves, when in reality it just delayed the inevitability of emptying the home of its contents.

The task of purging the home is much more manageable with helpful hands and a systematic approach. The first thing I learned was don't do it yourself. You need someone else there to help, both physically and emotionally. A technique I found helpful was to separate belongings by their next destination. Scan the home and separate according to the following categories:

Keepsakes -- things which have emotional value to you or another family member;
Resale -- items which have potential monetary value in resale or as scrap;
Donate -- items worthy of donation;
Trash -- items which have no ability to be re-purposed (i.e. everything else).

To read more click here >>


Firm News

           David Hoeppner Quoted in LIBN Article
                        on SEC Rule Change
The Securities and Exchange Commission has Hoeppner reversed an 80-year ban on startups, hedge funds and venture capitalists openly advertising for private investment. Hoeppner discusses how the JOBS Act policy change will help startups get off the ground.
To learn more click here >>

     Hayley Morgan Featured in LIBN Who's Who 
Attorney Hayley Morgan was featured in the Hayley Morgan LIBN Who's Who in Women in Professional Services.  The special section highlights the region's top female leaders in their respective industries.  Hayley discusses her focus on the implementation and incorporation of technology into the practice of law.
To learn more click here >>   


       Center for Cost Effective Government Fall  
                          Networking Event
We invite you to join us at the Sept 18th Center for Cost Effective Government Fall Networking Event as they honor Long Island's state senators for their Mandate Relief efforts and bring together community leaders interested in making CCEG Logo significant change on Long Island.

The Center for Cost Effective Government was formed in 2012 by former Suffolk County Executive Steve Levy, now  Of Counsel at Campolo, Middleton & McCormick, with the support of Long Island business and civic leaders.  CCEG works to identify superfluous government districts and policies and assists residents in launching grassroots initiatives to eliminate waste and save taxpayer money. 
To learn more click here >>   


             Brookhaven Small Business Expo 
We invite you to attend the Brookhaven Small Business Expo on Thursday September 26th from 5:30 - 8 pm at Brookhaven Town Hall for an evening of networking.    
To learn more click here >>     


        McCormick Spotlighted in Smithtown News
Partner Patrick McCormick was spotlighted in Smithtown News in their article about his appointment as President of the CAPS Board of Directors.
To learn more click here >>


Campolo, Middleton & McCormick, LLP
3340 Veterans Highway, Suite 400
Bohemia, NY 11716
p 631-738-9100 | f 631-738-0659
contact@cmmllp.com | www.cmmllp.com