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 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 Restitution for its Client from a General Contractor, Regarding Damages caused by a Faulty Roof Installation in Queens, New York
Soon after the roof was completed there was a wind and rain storm in New York City. Then the trouble began. The newly renovated EDPM (rubber) roof began to lift off of the structure, and the “rain came in”. Extensive damage to the interior of the home resulted. The Contractor initially balked at assuming any responsibility for the trouble, or paying any damages. As soon as Pascazi Law Offices became involved a settlement was quickly reached, and the client was made whole.
Attorney Michael S. Pascazi Prevails at a “Fair Hearing” in a Child Protective Services Neglect Matter
Michael S. Pascazi, Esq., recently won a fair hearing on behalf of a client who was alleged to have committed child neglect by N.Y.S. Child Protective Service (CPS). Attorney Pascazi first sought and secured an administrative review of CPS’s finding of child neglect. The NYS Department of Social Services sustained CPS’s findings. Attorney Pascazi then commenced a “fair hearing” before an administrative law judge. Upon considering the evidence adduced at the hearing, the administrative law judge reversed CPS’s finding and cleared Attorney Pascazi’s client of any child neglect. Potential employers of Attorney Pascazi’s client will never be told of CPS’s original finding.
Michael S. Pascazi, Esq., recently secured on behalf of his clients the settlement of two cyber / e-mail hacking cases brought in U.S. District Court. The primary causes of action pled were violations of the federal Computer Fraud and Abuse Act, and the federal Stored Communications Act. Both statutes are Title 18 Criminal Statutes which also have a civil component, allowing an aggrieved person to sue for money damages. The statutes are quite powerful, allowing for punitive damages, and the recovery of attorneys’ fees by a prevailing plaintiff.