Happy Thanksgiving From Cheriff & FInk, P.C.

Meet Our Summer Law Clerks

Allen Irgens

Allen Irgens just completed his 1L at New York Law School. Originally from Edgerton, Wisconsin, Allen attended the University of Wisconsin-Madison and graduated in May of 2006. At the UW, he majored in Biology and Zoology. After school he worked in an Ophthalmology and Visual Science Research lab at the University of Wisconsin-Madison.

Allen came to New York for law school because of the many opportunities and experiences available to him. He hopes to concentrate in tort and medical malpractice law. In Allen's spare time, he likes to read, listen to music, watch the Milwaukee Brewers, and spend time with his friends.

Ross Kaplan

Ross Kaplan recently completed his second year at New York Law School and from there is planning to specialize in Mental Disability law. He was born and raised in Long Island and graduated in 2007 with a B.A. from Colby College where he majored in History and minored in Jewish Studies.

Ross is an avid Yankees fan (despite how much Bruce and Ken feel otherwise) and ardent Zionist who enjoys travelling, going out with friends to ball games, museums, concerts and improv shows, and playing baseball and tennis. He is looking forward to getting a hands-on legal experience clerking at Cheriff & Fink this summer.

Meet Our Law Clerk - Rebecca Mopper

Becca Mopper is currently a 1L at New York Law School. Originally from Atlanta, Becca attended the University of Georgia and graduated in May of 2008. At UGA, she majored in Political Science and International Affairs. She also minored in Spanish. Becca misses the weather in Georgia but loves the New York atmosphere. She came to New York for law school because of the many opportunities available to her and she hopes to concentrate in international law. At New York Law School, Becca is a member of Lawyers without Borders and the criminal law advisory board. In Becca's spare time, she likes to read, listen to music, work out, and spend time with her friends.

Happy Holidays from Cheriff & Fink, P.C.

Auto Accident checklist

It’s very difficult to keep a cool head after an motor vehicle accident. Gathering evidence, talking to witnesses on the scene, taking photographs and taking down important information is the last thing you want to deal with following a jarring and perhaps traumatic event. If, however, you want to make sure you are covered, and ultimately compensated, for all of the damage done, you will need to keep track of the facts, the paperwork, and the people involved. Following is a checklist of information you will need to help support the duration and depth of your personal injury/pain and suffering claim. You can use this checklist to organize your information, information you will ultimately use to discuss your claim with an insurance company or to hand over to an attorney. The Accident- Driver information (Obtain and exchange information with all other drivers (Name, license number, tag number, insurance company name, policy number)- Photographs (Your injuries, damage to all vehicles, scene of the accident) - Police report (Get a copy of the accident report if police responded) - Witnesses (Keep a record of all names, addresses, phone numbers, and email addresses) After the Accident - Medical expenses (Log all office visits, prescriptions, over-the-counter medications, laboratory services, physical therapy, hospital visits, treatments, medical documents, and x-rays, including names, dates of visits, amount charged, and reasons for seeing the medical providers.) - Lost work time (Keep a log of all time taken off from work as a result of the accident, including time off for medical treatments and/or the inability to function properly at work due to your injuries. Get a letter from your employer verifying pay and lost time.) - Lost school time (Document all lost school time and/or inability to continue with school work as you did before the accident.) - Photographs (Continue to take photographs of your injuries at different times after the accident. Write the date on the back of the photo.) - Witnesses (Contact them for a written statement before too much time lapses) - Pain, discomfort, emotional distress, fatigue, tenderness, inconvenience, etc. (Keep a daily log of your thoughts, feelings and experiences on a day-to-day basis, documenting how the injuries have interfered with your daily life and relationships.) - Car repair estimates and/or bills - Out of pocket expenses (Keep records/receipts of everything you’ve paid for out-of-pocket relating to or as a result of injuries suffered in the accident. For example, heating pads, ace bandages, child-care expenses, cancellation of a vacation trip or event, clothing, taxi service or rental car, etc.) What You Need to Know:Seek medical attention immediately after an accident! Diligently follow through with all medical treatments. Do not answer any questions from the other side’s insurance company or attorney or sign any forms without approval from your attorney. Do not settle your case until all necessary medical expenses, present and future, are known. Keep copies of everything (all documents, bills, medical records, etc.).

Will Drafting Basics

While not a topic people like to address, the need for a will is something most everyone should think about. Some people think that only the very wealthy, or those with property need a will. That's simply not true. If you have kids or pets, you need a will. If you want to leave something to a friend or relative you need a will. If you want to make your final wishes clear you need a will. Dying isn't a matter of if, but rather of when. You need to make sure that your wishes are carried out after you're gone.
Estate Planning Information Checklist
Collecting the following information ahead of time will save you time (and money) in your estate planning lawyer's office:
- Names and addresses of your immediate family members, other beneficiaries, and people you would like to serve as executors, trustees and guardians for your children
- Bank account information, such as balances, account numbers, locations of accounts and safe deposit boxes
- Pension and retirement account information, including IRAs, Keoghs, profit sharing plans, stock options and government benefits
- Detailed description of any stocks and bonds owned, and the location where they're stored
- Insurance policy information, including policy location and beneficiaries, as well as a copy of the actual policy
- An inventory list of valuable and sentimental personal possessions, including family heirlooms
- Copies of community property agreements, prenuptial or postnuptial agreements, divorce decrees and any previous wills or will codicils
- An overall description of your income sources and assets, including real estate
- Information about any trusts you may have created or benefit from
- A list of debts you owe, including amounts and to whom they are owed, as well as a list of debts that are owed to you
- A list of specific "bequests" you want to make in your will, such as "$5,000 to my niece"
- Recent tax returns (from at least the past three or four years)
- A list of any assets not included above
Questions for Your Attorney
Using an attorney to create your last will and testament will help minimize the tax impact on your heirs, and make life easier for your executor (sometimes called a personal representative) after your death.
Among the questions to consider asking your lawyer:
- How do you charge for your services?
- How can I reduce the taxes that my beneficiaries will owe after I die?
- Do you see any potential problems with the bequests I want to make?
- Have I made all of the necessary arrangements to take care of my young children?
- How frequently should I update my will?
If you have questions, feel free to call us at 212-285-4100.

Welcome To Our Summer Interns

This summer, we are fortunate to have three law students interning/clerking at our office. All three come to us with impressive resumes and educational credentials. Bios of our new clerks are below:

Nicholas Delis

Education: Boston University (B.A., Cum Laude, Political Science, 2006); Vermont Law School (J.D., Anticipated May 2009); Managing Editor, Vermont Law Review

Nick enjoys playing basketball, tennis and swimming. He is an avid reader and particular enjoys the work of Tom Wolfe, Kurt Vonnegut, and Malcolm Gladwell. He plans on practicing law in Massachusetts or New York after graduation.

Kerry Anne Hoffman

Education: Cardozo School of Law (Candidate for Juris Doctor, June 2010); College of the Holy Cross (B.A., Sociology, 2007)

Kerry is a rising 2L at the Benjamin N. Cardozo School of Law and a graduate of the College of the Holy Cross. At Cardozo, she participates in the Courtroom Advocates Project (CAP), helping battered women obtain Orders of Protection from their abusers. Kerry is also the Technology and Special Projects Coordinator of the Student Life Committee. She works in the Admissions Office at Cardozo as a tour guide. She will be participating in the Cardozo Bet Tzedek Legal Services Clinic for the 2008-2009 academic year. Kerry is very excited to get hands-on legal experience clerking at Cheriff & Fink.

Tiffany Miller

Tiffany writes: My name is Tiffany Miller and I am currently a second year law student at Thurgood Marshall School of Law in Houston, Texas. I am originally from Brooklyn, New York where, I am currently spending the summer with my family. This summer I am employed as a law clerk at Cheriff & Fink P.C. To date, it has been a great experience, which has allowed me to obtain practical experience in the realm of personal injury. I am a member of Phi Alpha Delta Legal Fraternity and the Thurgood Marshall School of Law Ambassadors. In my spare time I enjoy jogging and rollerblading.

Cheriff & Fink's Thanksgiving Day Pictures

For about a decade, up until our office relocation in 2004, we hosted clients and friends at a party overlooking the Macy's Thanksgiving Day Parade from our offices on Broadway at West 57th Street.

Recently, with the update of our website, www.cf-lawyers.com, we removed those photos from the site.

Below are links to the old Thanksgiving photos:

Thanksgiving Pictures
Old Thanksgiving Pictures

Gavel to Gavel

A case currently being litigated by our office was reported on by Tom Tracy in Courier Life Publications' Gavel to Gavel column on April 21, 2007:

"A Bath Beach woman is digging her heels into a negligence suit against one of the city’s most elegant restaurants – Tavern on the Green on Manhattan’s Upper West Side. In her lawsuit filed April 9 by her attorney Bruce Cheriff, the woman claimed that she was at the swanky eatery at 10:15 p.m. on August 12, 2006 when she tripped and fell on the dance floor. Her fall was caused when one of her heels got caught into a small gap on the dance floor and she lost her balance, the suit claims. “As a result of this accident, the plaintiff suffered serious personal injuries, some of which may be permanent,” the suit asserted without indicating the extent of the woman’s injuries. The discovery of the “hazardous” gaps in the dance floor did not come as a surprise to restaurant employees, the lawsuit states. “The defendant had actual knowledge and notice of the defective, dangerous and/or trap-like condition,” the suit states. “The condition existed for a sufficient length of time prior to the accident,” the plaintiff’s lawyer’s alleged. “The defendants in the exercise of reasonable care and upon proper inspection could have and should have had such notice [about the condition.]” Officials at Tavern on the Green had no comment as this paper went to press."

Court Finds Complaint Adequately Alleges Negligent Misrepresentation for Failure to Disclose Material Fact

As reported in the New York Law Journal on Wednesday, January 17, 2007, Cheriff & Fink, P.C. successfully defeated a motion to dismiss brought by four defendants in an action to recover damages resulting from sewage leakage onto our clients' residential real property. Ken Fink successfully argued the motion before Justice McMahon in the Supreme Court of the State of New York, Richmond County late last year. For a complete text of the decision, click on the image above.

Bed Bugs - A Serious Problem

“DON’T LET THE BED BUGS BITE”

Odds are you have probably heard or uttered the saying, "Don't let the bed bugs bite." Of course no one actually falls asleep expecting to wage a battle with menacing bugs all night. Most people do not even realize that bedbugs actually exist. According to several leading pest control companies, however, reports of bed bug infestations are on the rise in recent years. The brown colored bugs, resembling apple seeds, are attracted by human body heat, and are reportedly causing serious problems in residential buildings, hotels and motels across the New York City metropolitan area.

Bed bugs live in mattresses, carpets, clothing, luggage, bedding and furniture. Any infestation requires a professional chemical treatment, which can be quite expensive. Recently, Plaintiffs have successfully pursued actions against building owners, and hotel and motel operators based upon negligence and fraud because these entities knew of bed bug infestations, but failed to properly treat the problem.

Bed bugs can be a physical and financial nightmare for people sleeping in an infested room. Bites may leave large red welts and have caused reactions in people allergic to the bugs' saliva. Using clothing and luggage as a method of transportation, bedbugs can travel home with a hotel guest after they have checked out. Often people are forced to hire expensive exterminators, throw out infested clothing and bedding and move out of their homes until a full extermination is completed.

If you have been the victim of bed bug infestation, it may be important to contact an attorney who can help you protect your legal rights. Please keep in mind that there may be time limits within which you must commence suit.

Kenneth S. Fink

Profiles of Our Attorneys

Kenneth S. Fink

Bar Admissions: New York (1992), New Jersey (1991), United States District Court for Southern District of New York (1993), United States District Court for Eastern District of New York (1993), United States District Court for District of New Jersey (1991).

Education: Brandeis University (B.A., Cum Laude, Politics, 1988); Yeshiva University - Benjamin N. Cardozo School of Law (J.D. 1991); Cardozo Moot Court Board (n/k/a Moot Court Honor Society) - Member (1989-90).

Professional: Member, New York State Trial Lawyers Association, and Nassau County Bar Association.

Professional Honors: Awarded AV rating by Martindale-Hubbell (April 30, 2002).

Miscellaneous: Resides in Nassau County on Long Island's South Shore; Married to Dr. Jacqueline Simons; 2 Children, Jacob and Harrison; Vice President/Member of Board of Trustees, Temple Hillel, North Woodmere, New York; Board of Directors/President, Joseph and Esther Mandel Foundation, Inc.; Board Member and Former President, Temple Hillel Men's Club, North Woodmere, New York; Vice President, Former President, Former Secretary, Member Board of Trustees, Executive Board Member, The Brandeis School, Lawrence, New York; Travel and Intramural Soccer Coach, Hewlett Lawrence Soccer Club, Hewlett, New York; Commissioner and co-founder of cf-lawyers.com fantasy baseball league ; Co-honoree at 2005 Temple Hillel Annual Dinner on behalf of UJA-Federation of New York, 5/19/05; Co-chair, Connections/UJA Federation of New York/Long Island, 2006 South Shore Project Mitzvah: Families In Community Service on the South Shore.

Foreign Language: Proficient in Hebrew

Email: ksf@pipeline.com

AIM: simonsfink

Bruce J. Cheriff

Bar Admissions: New York (1987), United States District Court for Southern District of New York (1988), United States District Court for Eastern District of New York (1988).

Education: University of Rochester (B.A., History, 1983); American University: Rome, Italy (1982); Western New England College School of Law (J.D. 1986); Law Review Member 1984-85; Topics Editor 1985-86.

Publications: Western New England Law Review (Vol. 7, Issue 2, 1984): "Recent Decision: In re Jadd", 391 Mass. 227, 461 N.E.2d 760 (1984).

Professional: Member, New York State Trial Lawyers Association and Westchester County Bar Association. Bruce is a Fee Dispute Arbitrator for the Unified Court System's Ninth Judicial District.

Professional Honors: Awarded AV rating by Martindale-Hubbell (August 2003).

Personal: Bruce, his wife, three children, two dogs and a hamster reside in Northern Westchester. When Bruce is not writing briefs, doing research, or trying cases, he plays softball, tennis, and football Sunday mornings. Bruce is a former Recording Secretary for Chappaqua AYSO and is certified by the National Youth Sports Coaches Association (NYSCA) and by the American Youth Soccer Association (AYSO).

About Our Firm

Cheriff & Fink, P.C.

Firm Overview

We are a small general practice law firm providing large firm capabilities and service accompanied by the personal attention to detail only a firm of our size can offer. This permits us to serve a broad spectrum of clients ranging from individuals to large corporations.
Cheriff & Fink, P.C. offers a wide array of legal services including civil litigation, real estate, corporate and business law, estate planning, and entertainment law.

The scope of our experience is unusual for a firm of our size. We pride ourselves in our ability to accurately analyze a client's needs and respond in a responsible, cost effective, prompt and professional manner. Our fees are usually less than those of other firms because of our sensible staffing and prudent use of associates and law clerks.

Areas of Practice

Civil Litigation

A. Negligence Litigation

We represent individuals injured as a result of the negligent and intentional acts of others. Typically, these matters include accidents involving motor vehicles, commercial or residential premises, municipalities or public authorities, wrongful death and defective and dangerous products. Intentional acts might include false imprisonment, unlawful arrest, assault and battery. Drawing on decades of experience in negligence litigation, we assist our clients in every facet of their cases - from a thorough and complete investigation of the facts and circumstances surrounding the incident through jury trial. Many of our colleagues refer their personal injury clients to our office because of our expertise and the results we obtain.

B. Commercial Litigation

Our clients are individuals and businesses who rely on our trial and litigation experience to represent them in all facets of commercial litigation. For example, we represent clients in breach of contract actions, insurance disputes including bad faith claims, accounting malpractice, real property disputes, creditors rights, fradulent conveyance actions, and in matters involving the collection and enforcement of substantial judgments, just to name a few. Cheriff & Fink represents plaintiffs and defendants at both the trial and appellate levels, in federal and state courts, as well as at arbitrations and mediations. Our clients include real estate owners, developers, banks, employment agencies, importers, exporters, medical and dental professionals, retailers, wholesalers, and people in the entertainment industry.

Commercial and Corporate Practice

Our attorneys have extensive experience in counseling clients regarding the legal aspects of their businesses. This work includes representing and advising both established large corporations, as well as individuals just starting out in business. We represent purchasers and sellers of businesses, startup companies in a variety of transactional and litigation scenarios. We attempt to bring full service legal advice to our business clients. By working with our clients and their non-legal advisors, we meet the needs of our clients head-on. This work includes the preparation of shareholder, partnership, employment, and consulting agreements; buy-sell agreements; and other contractual matters.

Real Estate

In addition to drafting and negotiating commercial leases, we represent purchasers and sellers of residential and commercial real estate. At any given time, our attorneys are involved in matters ranging from the sale of a studio cooperative apartment to the purchase of a commercial premises.

Estate Planning

We counsel our clients in estate planning and administration. This work includes the preparation of wills, trusts, living wills, health care proxies, and probate and administration of estates.

Firm Philosophy

Cheriff & Fink's philosophy is driven by the twin guiding principles of providing effective professional representation and establishing and maintaining long lasting attorney-client relationships. We are committed to being responsive to the needs of each client and to providing counsel and advice which enables the client's business and individual needs to expand and prosper in the long term. We believe that close, personal attention is the surest means of achieving these goals and of providing the proper foundation for a valued long-term relationship.

NYC Personal Injury Law - Cheriff & Fink, P.C.

To our clients, colleagues, friends and visitors,

Cheriff & Fink, P.C. is proud to welcome you to our first foray into online blogging.

We anticipate using this site as a way of communicating with you about our office and practice areas. Feel free to visit us here supplementing our website http://www.cf-lawyers.com/.

We hope you find the information helpful and look forward to your feedback.

Bruce J. Cheriff & Kenneth S. Fink

Cheriff & Fink, P.C.
Attorneys At Law
2 Rector Street - Suite 2104
New York, New York 10006-1893
Phone (212) 285-4100
Fax (212) 285-4101

Visit us on the web at http://www.cf-lawyers.com/.

Visit our blog at http://www.nycpersonalinjury.blogspot.com/.