Writings & Projects

Legal writing and work in progress

Publications, filings, and the projects Franklin Law is building to serve clients better — collected in one place.

Publications & Filings

Selected legal writings

Case Note · August 2026

One Wet Floor, Two Theories: Brennan v Kandon on Failure to Warn

Brennan v Kandon, LLC (4th Dept 2026): a defendant who may have created the hazard by negligently mopping cannot win on lack of notice — and failure to warn is a separate, independent theory of liability.

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Case Note · July 2026

Dangerous Work Doesn't Delegate: Crossbay v Singh on Independent Contractors and Inherently Dangerous Work

Crossbay Assoc. v Singh (2d Dept 2026): a party who hires an independent contractor can be vicariously liable when the work is inherently dangerous — and that liability can unite defendants for relation-back purposes, saving claims added after the statute of limitations.

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Case Note · July 2026

Owning a One-Family Home Isn't Enough: Mantinaos and the 'Owner Occupied' Sidewalk Exemption

Mantinaos v City of New York (2d Dept 2026): a homeowner claiming the small-residence exemption from NYC sidewalk liability must actually prove the home was owner occupied — ownership alone doesn't do it.

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Case Note · July 2026

Use It or Lose It: Matter of Weiss and Why Defective Service Must Be Raised — by the Party, Not the Judge

Matter of Weiss v County of Suffolk (2025): defective service of process is an affirmative defense that is waived if not raised — and a judge cannot raise it sua sponte.

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Case Note · July 2026

Cricket on a Cracked Court: Maharaj v City of New York and Assumption of Risk

Maharaj v City of New York (2025): a plaintiff who chose to play cricket on a city tennis court with a visibly cracked surface was deemed to have assumed the risk of injury.

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Case Note · July 2026

When an LLC Won't Protect Its Owner: Goldberg v KOSL Building Group on Piercing the Corporate Veil

Goldberg v KOSL Bldg. Group, LLC (2025): the factors New York courts weigh before holding an LLC's owners personally liable — ignored formalities, inadequate capitalization, and commingled assets.

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Case Note · July 2026

Who Must Clear the Ice — the Owner or the Easement Holder? Otero v Rochester Broadway Theatre League

Otero v Rochester Broadway Theatre League (2025): the holder of an easement, not the property owner, was held primarily responsible for ice and snow removal in a parking lot.

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Case Note · July 2026

The 'Storm in Progress' Defense Has Limits: Wechsler v Ave. L, LLC

Wechsler v Ave. L., LLC (2025): New York's storm-in-progress rule may excuse uncleared snow, but it does not shield a property owner from building code violations that cause a fall.

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Case Note · July 2026

When the Appeals Court Raises the Award: Czechowski v Wisniewski and Pain-and-Suffering Damages

Czechowski v Wisniewski (4th Dept 2024): the appellate court increased a pain and suffering award to $275,000 — a window into how New York values injuries and how trial strategy plays out.

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Case Note · June 2026

Can the Other Side See My Tax Returns? New York's High Bar for Tax Return Discovery

Williams v New York City Housing Authority (1st Dept 2005): disclosure of tax returns in litigation is disfavored — the party seeking them must make a strong showing of necessity.

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Case Note · June 2026

A Handshake Isn't a Settlement: Matter of Eckert and the Three Ways to Bind a Deal in New York

Matter of Eckert (3d Dept 2023): out-of-court verbal agreements don't create an enforceable stipulation of settlement. New York requires open-court record, a signed order, or a subscribed writing.

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Case Note · June 2026

Can a Text Message Sell Land in New York? Preston v Nichols Says Not Without a Signature

Preston v Nichols (4th Dept 2023): emails and texts lacking formal signatures failed the statute of frauds for a real property purchase contract, and part performance didn't save the deal.

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Case Note · June 2026

"Consider It Settled" Isn't Settled: When Email Settlements Fail Under CPLR 2104

Teixeira v Woodhaven Ctr. of Care (2d Dept 2019): why an email saying 'consider it settled' didn't create a binding settlement in New York, and what CPLR 2104 actually requires.

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Articles & Insights

Plain-English legal guides

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Personal Injury · June 2026

How Long Do I Have to File a Personal Injury Claim in New York?

A plain-English guide to New York's personal injury deadlines (statutes of limitations), why they matter, and the shorter clocks that can catch people off guard.

Estate Planning · June 2026

Do I Need a Will or a Trust? A Brooklyn Guide to Estate Planning

Wills and trusts do different jobs. Here's a clear, jargon-free comparison to help New York families decide what their estate plan actually needs.

Personal Injury · May 2026

5 Steps to Take After a Slip-and-Fall in Brooklyn

Slip-and-fall injuries are more serious than people think. Here are the five steps that protect both your health and any future premises liability claim.

Firm Projects

What we're building

Technology in service of clients — every project below exists to make the firm faster to respond, clearer to understand, and easier to work with.

Active

The Franklin Law Front Desk

A 24/7 virtual front desk running on infrastructure the firm controls — it welcomes visitors with empathy, checks deadlines and conflicts, and never gives legal advice. Built to answer the moment someone reaches out.

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Active

Learn the Law — Animated Explainers

Short, plain-English animated lessons on the legal ideas that matter most to Brooklyn residents: statutes of limitations, probate, and what to do after an accident.

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In Development

Plain-English Client Updates

Automated case-status translation: docket entries rendered into plain English at an 8th-grade reading level, so clients always know where their matter stands and why.

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