The case involved a post to on online review site. The post went well beyond protected opinion and into the realm of untrue material facts. The poster further failed to disclose, and kept as a secret from the readers of the post, important facts that would have placed the target of the review in a more favorable light. The post effectively accused the target of the review of illegal acts and impugned the target’s standing in his/her trade/profession. Both representing Defamation per se. Defamation cases are not often easy cases to win, because so much of the public’s discourse is protected speech under the 1st Amendment to the U.S. Constitution.
Attorney Michael S. Pascazi Secures a Court Order Reducing a Condominium Fine from $40,000.00 to $200.00
The case involved a Condominium Board of Managers seeking a fine of $40,000.00 and growing at the rate of $100.00 per day, against Pascazi Law Offices PLLC’s client, for a violation of the Condominium’s By-Laws, relating to the keeping of pets on the property.
The Condominium moved the N.Y.S. Supreme Court for a Declaratory Judgment finding the $40,000.00 fine as lawful. Attorney Pascazi cross moved for a Declaratory Judgment finding the $40,000.00 fine as un-lawful, and finding that the maximum fine allowed by the By-Laws, under the circumstances, to be $200.00.
Attorney Michael S. Pascazi thanked by the U.S. State Department for Participating in the Hague Convention Attorney Network
Attorney Michael S. Pascazi is a member of the U.S. State Department Bureau of Consular Affairs’ attorney network, concerning the Hague Convention on the Civil Aspects of International Child Abduction.
Attorney Pascazi has participated in this network for a number of years. Attorneys in the network assist parents of children who have been abducted from their home countries and brought to the United States of America, usually by the other parent. The Hague Convention is a multilateral treaty (codified in U.S. Federal law), that sets forth the mechanism by which a parent whose child custody rights have been violated in his/her home country can sue in U.S. Federal District Court to have his/her child returned to his/her home country. As of 2016, there were 94 countries who were party to the treaty.
Pascazi Law Offices PLLC secures Vacatur of a Child Support Order for Violation of the Constitution’s Due Process Clause
The Mother filed a petition for Child Support with the Family Court, and trumped up the Father’s income figures therein. The Mother then failed to serve the Father with the Summons. The Father did not appear in Court to contest the proceeding.
The Family Court Support Magistrate entered an Order on default directing the Father to pay a significant amount of child support every week; more than his actual income called for.
Attorney Michael S. Pascazi Negotiated a Settlement of Long Running Inter-Family Litigation Concerning who paid to Renovate a House Prior to the Divorce
The case involved a mother and father, an ex-wife daughter, an ex-husband, and an aunt, all suing one another in multiple cases.
What was in dispute was who paid to renovate the marital residence when the ex-wife and ex-husband were still married, and who was entitled to pay back on their “loans”. The case was particularly unsavory as there were tens of thousands of dollars in “loans” involved from both sides of the divorced family.
Pascazi Law Offices PLLC Secures Dismissal of a Custody Petition Served upon an Out of State Resident visiting in New York
The Father has not seen his children for months. In fact, he hardly ever sees his children by his own choice. The Mother lives in the South working hard and supporting the two children with virtually zero financial help from the Father, even though he has been ordered to pay; he has astronomical arrears of child support.
The Mother comes to New York to visit her parents, who have not seen their grandchildren in some time. While she is here, the Father gets the bright idea to sue her for custody/visitation. The only thing is that neither the Mother nor the children are New York residents. The children have been residents of the South for well over six months; years in fact.
Pascazi Law Offices PLLC Secures a Settlement in an Arbitration Case for its Client from an Employer who Allegedly Short Paid Sales’ Commissions
The commissioned salesperson sold his heart out regarding a high tech product. But by his own calculations, the salesperson never received the commissions due him. When this matter was taken up with the boss man the salesperson did not receive a satisfactory answer; he was never provided a comprehensive commission reconciliation. The salesperson was then terminated. You’re fired!
Pascazi Law Offices PLLC Secures a Favorable Plea Disposition for its Client in a Felony Pornography Case
There they were, alleged pornographic computer images. But wait – were the images of actual persons or were they computer generated? Did the “people” depicted actually exist? The U.S. Supreme Court held more than a decade ago that “virtual pornography” is not illegal but rather free speech, protected under the First Amendment. Ashcroft v. Free Speech Coalition (2002).
Pascazi Law Offices PLLC Secures a Judgement of Partition and Sale of Real Property for its Client in a Post Divorce Case
The divorce is over, the property is all but divided but the ex-spouse will not cooperate to sell the marital residence as directed in the Judgment of Divorce. To add insult to injury, the innocent ex-spouse is still paying half of the mortgage on the marital residence. Pascazi Law Offices was confronted with such a situation. What resulted was that a lawsuit for Partition and Sale of Real Property was commenced. The Court was asked to appoint a Referee who would put the property up for sale, oversee the sale’s process, collect the money at closing, and divide the proceeds at the end of the day.
Pascazi Law Offices PLLC Secures Dismissal of a Family Offense Petition and Temporary Order of Protection Against its Client
The ex-girlfriend just could not get over that the boyfriend had moved on and was happy, and residing with Pascazi Law Offices’ client. There was constant tension. A simple drop off for visitation turned into drama. Pascazi Law Offices’ client was served with a Family Offense Petition and a full no contact, stay away Temporary Order of Protection. Such threw the client’s life into turmoil. Daily driving routine’s needed to be changed. Going to work became complicated.