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 · 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.

Business Disputes · April 2026

When a Business Partnership Goes Sour: Your Options in New York

A partnership dispute can threaten everything you've built. Here's a calm overview of how these conflicts get resolved in New York — from negotiation to court.

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.

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Private AI Client Intake

A 24/7 intake assistant running on infrastructure the firm controls — it screens matters with empathy, checks deadlines and conflicts, and never gives legal advice. Built to answer the moment a potential client reaches out.

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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

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