Whether you are concerned about a mechanic's lien, a partition action, a zoning ordinance, or an estate planning instrument, it is important to consult with an experienced attorney. At Klose & Associates, our team provides vigorous representation to people who need a real estate attorney or guidance in probate disputes, home improvement litigation, or land use and planning issues. We also serve clients in the White Plains area who need a business lawyer to guide them through matters related to business planning and transactions, intellectual property, insurance coverage, insurance defense, personal injury litigation, and other disputes. Rockland and Westchester County litigation lawyer Peter Klose takes the time to understand your situation and goals. He can explain the full range of options available to you, allowing you to make informed decisions with the benefit of his experienced counsel.
We are knowledgeable in mechanic’s liens and other complex disputes that arise from home improvements. New York law (General Business Law § 771) requires contracts related to home improvement to be in writing and signed by all of the parties, and they must include contact information and the license number of the contractor. On residential projects, contractors and suppliers must file their mechanic's liens within four months of providing labor or materials for the project. However, a contractor that does not possess a license required by local law may not enforce a home improvement contract or a lien. As an experienced business lawyer representing clients in White Plains and elsewhere in Westchester County, Peter Klose understands the complexities of these issues and others.
Our firm can protect your interests by drafting wills, powers of attorney, guardianship petitions, health care proxies, and other estate planning instruments. However, emotions may run high in families when assets are at stake, and it is unfortunately common for probate disputes to arise. We can handle these as well. A will contest is one type of probate dispute. A family member may seek to challenge the validity of a will on certain grounds, such as improper execution, undue influence, or lack of testamentary capacity. To prove that the testator (the person making the will) did not have the mental capacity to make a will, for example, the family member challenging the instrument’s validity will need to establish that the testator did not understand what they owned, who would naturally receive their property, or what the will said.Land Use and Planning
Through his experience as the Chairman of the Village of Nyack Planning Board, Peter Klose has gained distinctive insights into this area of the law. If you own property, zoning rules dictate how you may use your land and which types of structures may be built on the property. When necessary, we can bring an Article 78 proceeding, which is the legal procedure used to obtain court review of actions by state and local government officers or entities. Among other things, it may be used to challenge the decision of a zoning board of appeal or planning board. In an Article 78 proceeding, the court may overturn the action taken if it was arbitrary and capricious, not supported by substantial evidence, or based on a legal error, among other grounds.Real Estate Litigation and Legal Malpractice Involving Real Estate
Our firm handles many different types of property disputes, including those involving adverse possession, partition, boundary conflicts, foreclosure, or breach of contract. Due to our substantial experience in this area, we also are skilled in legal malpractice claims against other attorneys related to their handling of real estate litigation.
In an adverse possession action, for example, a neighbor or another party with no formal right to title claims that they have achieved the right to take title to property because they have had possession of it. The party asserting adverse possession must have acted as the owner of the property, have had open and notorious possession of the property, have used the property exclusively, and have had continuous and uninterrupted possession that was hostile to the owner's interest for at least 10 years.
Anyone who co-owns real estate may ask that the property be divided in what is called a partition. Either the parties may voluntarily agree to a partition, or one of them may file a partition action to obtain a judicial ruling about how it should be divided. The partition may be in kind, which means that the land will be physically divided between the owners, or it may be a partition by sale, which means that the property will be sold and the proceeds from the sale divided between the owners.Retain a Knowledgeable Litigation Attorney in Westchester or Rockland County
If you are looking for a Rockland or Westchester County litigation attorney, Klose & Associates has the experience and dedication that you deserve. Business attorney Peter Klose serves White Plains, Yonkers, Mount Vernon, New Rochelle, Peekskill, Rye, Nyack, Ramapo, Orangetown, New Hempstead, Stony Point, Spring Valley, and New City, among other communities. Call (845) 727-7727 in Rockland County or (914) 948-1008 in Westchester County, or complete our contact form to set up your free appointment. If you need a probate attorney or assistance with a real estate, business, personal injury, insurance, or legal malpractice matter, we are ready to pull for you.