Gettinger Waldinger Monteleone Gushue & Hollis, LLP Gettinger Waldinger Monteleone Gushue & Hollis, LLP 2026-05-07T05:13:34Z https://www.kiscolawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1504496/2024/04/cropped-favicon-32x32.png On Behalf of Gettinger Waldinger Monteleone Gushue & Hollis, LLP <![CDATA[What property owners must know about local zoning and land use laws]]> https://www.kiscolawfirm.com/?p=48532 2026-04-21T15:53:53Z 2026-04-21T15:53:53Z What works for your neighbor’s property in Scarsdale may not work for yours in White Plains or Yonkers. This is because Westchester County has 48 municipalities and each one sets its own rules. Hence, as a new property owner in Westchester, you need to understand why these differences exist. This is your first step toward staying compliant, avoiding penalties and protecting your investment. To get there, you first need to understand how local authority shapes the rules in your area.

What home rule authority means for you

To understand why local rules vary so much, you first need to know about home rule. In New York, each city, town and village holds the authority to create its own zoning and land use regulations. Therefore, with 48 municipalities operating independently across Westchester County, the rules that apply in one town may not apply in another.  Beyond the written law, local precedent also plays an important role. Past decisions and established community relationships can often influence how local boards review your real estate application. This is why knowing the local landscape matters just as much as knowing the law itself. Once you understand how home rule works, you can start looking at the specific regulations that affect your property.

Important zoning regulations you need to know

Understanding home rule is just the beginning. Westchester's zoning system covers several key areas that directly affect what your property allows and restricts under local law. Here are four common regulations you need to be aware of:
  • Residential zoning regulations: These define how you can use your property, including rules on lot size, building height and setback requirements.
  • Environmental protection rules: These protect natural features such as wetlands and floodplains located on or near your land.
  • Land use controls and permits: These outline what improvements or changes require approval before you begin any work.
  • Specialized districts and trends: These reflect how communities adapt their rules to address growth, historic preservation and other local priorities.
Each of these regulations varies by municipality and failing to follow the right ones can lead to violations and costly delays. Thus, knowing exactly which rules apply to your property sets you up for a smoother path forward. 

Find your way through the maze

Westchester's zoning landscape is complex, but you do not have to figure it out alone. The more familiar you are with local rules and the people who enforce them, the better your chances of staying compliant and reaching your property goals. In a county where every municipality plays by its own rules, having the right knowledge and the right people in your corner makes all the difference.]]> On Behalf of Gettinger Waldinger Monteleone Gushue & Hollis, LLP <![CDATA[3 small business pitfalls New York owners must know]]> https://www.kiscolawfirm.com/?p=48530 2026-02-09T11:00:20Z 2026-02-09T11:00:20Z The legal foundation of your New York small business may have cracks you have not noticed yet. Three common pitfalls hurt businesses in every industry, leading to lawsuits, fines and serious legal problems. These issues affect real businesses every day with real financial consequences.

Misclassifying workers as independent contractors

New York takes worker classification seriously, and getting it wrong costs businesses thousands in penalties and back payments. The consequences of misclassification include:
  • Unpaid unemployment insurance contributions
  • Workers' compensation penalties
  • Wage and hour violations
  • Tax liability for unreported payroll
The state’s Department of Labor actively investigates misclassification claims. A single complaint can trigger an audit that examines your entire workforce .This often includes control over work schedules, provision of equipment and the worker's ability to serve other clients. If the state determines you misclassified employees, you will likely face retroactive payments plus interest and penalties.

Failing to comply with wage and hour laws

New York mandates specific minimum wages that vary by region and industry. This, on top of stringent strict meals, rest breaks and overtime requirements. Small business owners often stumble when they assume federal rules cover all their obligations.  As a business owner, you must post required notices in your workplace and maintain detailed payroll records for six years. Violations can result in liquidated damages equal to 100% of unpaid wages. Courts may also order you to shoulder attorney's fees for employees who sue.

Overlooking commercial lease terms and risks

Commercial leases create binding obligations that many small business owners may not fully understand before signing. These agreements often contain clauses about maintenance responsibilities, rent increases and renewal options that can trap unprepared tenants. You need to understand your rights regarding lease assignments if you want to sell your business or bring in partners. State law provides certain protections for commercial tenants, but landlords often include provisions that waive these rights. Missing a renewal deadline or failing to provide proper notice can mean losing your location and starting over elsewhere.

Securing help before issues escalate

New York laws change frequently, and staying compliant is a full-time job. Protecting your investment means understanding these pitfalls before they become costly problems. Every day your small business operates without addressing legal vulnerabilities, you are playing a high-stakes game of chance. ]]> On Behalf of Gettinger Waldinger Monteleone Gushue & Hollis, LLP <![CDATA[Addressing multi-family Westchester homes in estate plans]]> https://www.kiscolawfirm.com/?p=48529 2026-01-18T22:51:38Z 2026-01-18T22:51:38Z A simple will may not suffice Many people with real property select one beneficiary and name them as the party who should inherit their home in a will. That solution is not ideal in a multi-family home scenario. This kind of property represents not just housing but also a stream of income. It could easily trigger conflict among beneficiaries and even non-inheriting family members who want access to or control over the property. Frequently, people who own multi-family homes choose to create limited liability companies (LLCs) to own the property. The use of an LLC makes it easier to transfer ownership to the next generation while minimizing opportunities for conflict. The surviving members of the LLC can manage the property, while others may have a right to live there. When an LLC owns the property before an owner dies, there is less risk of unnecessary litigation. For example, leaving a property to multiple adult children as joint beneficiaries in a will might lead to litigation. Any of those children might initiate a partition action in civil court, asking the courts to force the sale of the property and divide the proceeds among the current owners. An LLC helps prevent probate conflict and can protect the interests of multiple beneficiaries simultaneously. It offers the additional benefit of limiting legal and financial exposure related to renting a property out to others. Properties already owned by an LLC may not even be part of an estate, which can keep the home out of probate court. People concerned about leaving a meaningful legacy and preventing conflict among their beneficiaries may need to review their estate plans with a skilled legal team and take special steps for their most valuable resources. Owners of multifamily homes often require more complex estate plans than those with single-family homes or no real estate holdings, and that’s okay.]]> On Behalf of Gettinger Waldinger Monteleone Gushue & Hollis, LLP <![CDATA[“Border wars”: Handling conflicts across jurisdictions in Westchester]]> https://www.kiscolawfirm.com/?p=48528 2026-01-09T02:36:10Z 2026-01-09T02:36:10Z A hypothetical conflict Imagine a hypothetical plan to build a sizable commercial shopping complex in the Village of Mamaroneck, which is just next to the Town of Larchmont. While Mamaroneck might welcome the sales tax revenue, Larchmont residents may face gridlock on their shared arterial roads. Under New York law, Mamaroneck cannot simply ignore Larchmont’s concerns.

The Westchester County Planning Board's function

General Municipal Law mandates that any major project within 500 feet of a municipal line be reported to the Westchester County Planning Board in order to prevent unregulated "border warfare." The County Board acts as a regional mediator. It evaluates the project's compliance with the Westchester 2025 policies by looking at it from a "county-wide" perspective. After that, the Board makes a recommendation. Despite the fact that these remarks are frequently advising, they have substantial legal weight:
  • The supermajority requirement: A "majority plus one" vote is required for the local board (like Mamaroneck) to override a modification or disapproving decision made by the County Planning Board
  • Rational documentation: In order to create a record that may be contested in court, the local board must formally justify its disregard for the County's regional concerns
Navigating inter-municipal disputes requires an understanding of both local zoning and regional mandates. Whether you are a developer or a concerned neighbor, ensuring the GML referral process is followed is vital. Talk to a lawyer if you need support in this area.]]> On Behalf of Gettinger Waldinger Monteleone Gushue & Hollis, LLP <![CDATA[Clearing “clouded” titles: Dealing with old liens in Westchester real estate]]> https://www.kiscolawfirm.com/?p=48526 2026-01-07T02:04:44Z 2026-01-07T02:04:44Z Westchester County is famous for its historic homes and deep roots, and with long histories can come hidden headaches. During a title search, you might find a "cloud" on your title, which often looks like an old mortgage that appears unpaid in public records. These “ancient” mortgages can stall a closing for weeks or even months.

Why might old liens stay on the record?

In many cases, the homeowner paid off their loan decades ago. The bank should have filed a "satisfaction of mortgage" with the Westchester County Clerk. Unfortunately, this step is often missed. Banks merge, change names or close down entirely. If a bank like the former Bank of Westchester disappeared, tracking down the paperwork becomes a challenge.
Common reasons for these "ghost" liens include:
  • Lenders failing to record the payoff documents after a final payment
  • Administrative errors during the many bank mergers of the 1980s and 1990s
  • Homeowners losing the original physical release documents before they reach the county office
  • Paperwork being filed in the wrong county or with incorrect parcel information
Missing documentation creates a significant barrier for homeowners who want to sell their property or refinance their debt.

How to get on the path to a clear title

When a lender no longer exists, you cannot simply ask them for a new signature. This is where a quiet title action becomes necessary. A quiet title is a formal lawsuit filed under the New York Real Property Actions and Proceedings Law (RPAPL). The goal is to figuratively "quiet" any competing claims and prove the lien is no longer valid.
The legal process generally goes like this:
  • Your attorney files a summons and complaint in the Westchester County Supreme Court
  • The court requires you to name the defunct bank and any potential successors as defendants
  • You must provide evidence, such as old bank statements or proof of payment history
  • A judge reviews the case to ensure the statute of limitations on the debt has expired
  • The court issues a judgment that officially discharges the mortgage of record
Once the court signs the judgment, the county clerk will update the public records to show the property is clear.

Moving toward your closing

A quiet title action provides the legal certainty that title insurance companies require. Without this court order, a buyer's lender will likely refuse to fund the loan. While the process takes time, it is the most reliable way to fix a messy property history. If you are planning to sell an older Westchester home, you should start your title search early. Identifying these issues now will help you avoid a last-minute crisis at the closing table.
]]> On Behalf of Gettinger Waldinger Monteleone Gushue & Hollis, LLP <![CDATA[The vacation home conundrum: Keeping the ‘Upstate’ house in the family]]> https://www.kiscolawfirm.com/?p=48524 2026-01-07T00:36:11Z 2025-12-15T17:03:18Z The reality of shared ownership When siblings inherit a property as “tenants in common,” they may encounter unexpected friction. Without a formal agreement, every decision becomes a potential conflict, such as:
  • Who pays for property taxes, insurance and the inevitable leaking roof?
  • How do you decide who gets the house for July 4th versus Labor Day?
  • What happens if one child needs to sell their share while the others want to keep the home?
Managing a property requires constant communication and financial commitment. If one owner cannot or will not contribute, the burden falls unfairly on the others. Left unaddressed, these disputes often lead to a "partition sale," in which a court orders the home sold to a third party to settle the family's debt.

Solutions for property succession

To avoid conflict, it’s crucial to replace verbal promises with a clear, binding legal structure. These can include:
  • Family LLC: Treats the home as a business asset. A formal "operating agreement" sets the rules for funding maintenance, scheduling holidays, and allowing one sibling to buy out another without forcing a sale of the entire property. These agreements can also include a "waiver of partition," which makes it much harder for an unhappy owner to compel a court-ordered sale.
  • Qualified personal residence trust: A QPRT is an estate planning tool that can move your home out of your taxable estate, which is particularly valuable in New York, where exceeding the state’s estate tax "cliff" can trigger massive tax bills.
By selecting proper entities and trusts, you provide your children with a rulebook that prioritizes the family's history over individual financial disagreements.

Important trade-offs to consider

While these strategies provide clearly outlined expectations, they do involve significant compromises you must take into account, such as:
  • Survival rule: For a QPRT to provide tax savings, you must outlive the term of the trust. If you pass away before the term ends, the tax benefits are generally lost, and the property is taxed at its full current value.
  • Tax considerations for heirs: While a QPRT saves on estate taxes, your children may face higher capital gains taxes when they eventually sell the home.
  • Upkeep: An LLC is only effective if it is appropriately funded to handle repairs and buyouts.
Understanding these risks is the first step in deciding which strategy aligns with your long-term goals and your family's financial health.

Preserve your family’s future

Proactive planning allows you to set clear expectations while you are still here. Because New York’s property and tax laws are nuanced, it is crucial to work with a skilled attorney to help ensure your plan is durable enough to protect your family's legacy for future generations.]]> On Behalf of Gettinger Waldinger Monteleone Gushue & Hollis, LLP <![CDATA[3 key considerations before buying or selling a small business]]> https://www.kiscolawfirm.com/?p=48522 2026-01-07T00:35:59Z 2025-11-16T05:54:44Z Entrepreneurs often rush into business deals without looking at the fine print. Whether you plan to acquire a bakery or sell a tech startup, the legal details matter. A single oversight can turn a profitable deal into a financial nightmare.

Scrutinizing financial records 

You must verify every claim the seller makes. In New York, buyers generally carry the burden of investigating the business condition before closing. You need to review tax returns, profit and loss statements and existing vendor contracts. This process ensures you receive exactly what you pay for and exposes hidden financial holes before you sign the check.

Defining the deal structure 

You need to decide between an asset sale or a stock sale. In an asset sale, the buyer purchases individual items like equipment and client lists. In a stock sale, the buyer takes over the entire company entity. This choice impacts your tax obligations in New York and determines who handles past lawsuits or claims against the company.

Uncovering hidden liabilities 

Successor liability can surprise many buyers. If the previous owner owes unpaid sales tax to New York State or has pending labor disputes, you might inherit those debts. You must check for Uniform Commercial Code liens and outstanding warrants to ensure you start with a clean slate.

Protecting your investment 

Handshakes do not protect your interests in court. A solid legal strategy prevents vague terms from jeopardizing your future. A skilled attorney can draft airtight agreements that define every obligation clearly. They spot red flags in the due diligence phase that an untrained eye would miss, ensuring you navigate New York regulations correctly and close the deal with confidence.  ]]> On Behalf of Gettinger Waldinger Monteleone Gushue & Hollis, LLP <![CDATA[What happens when easement holders exceed their authority?]]> https://www.kiscolawfirm.com/?p=48521 2025-10-28T08:02:24Z 2025-10-30T08:00:08Z You look out your window one morning and see a utility crew digging in a part of your yard far from the power lines they maintain. Or your neighbor, who has a driveway easement across your property, may have started leaving equipment there overnight. In either case, the easement holder may be using your property beyond the rights granted to them. Fortunately, property owners have legal options. An easement holder who uses land beyond the limits of the original agreement may face court action, including injunctions or monetary damages payment.

What is easement overreach?

An easement grants someone the legal right to use another person's property for a specific purpose without owning it. The property owner retains ownership but must allow the easement holder to use the land as the agreement permits. Problems arise when easement holders move beyond those limits. Common examples include:
  • Using a residential driveway easement for commercial traffic
  • Expanding utility lines or equipment outside the designated area
  • Increasing the frequency of use beyond what the agreement permits
These actions violate the easement’s terms and may give property owners grounds for legal action.

When does use become excessive?

The court determines whether the easement holder’s use matches the original grant. Judges review the easement’s language and examine the facts surrounding its creation. If a neighbor uses an easement to cross your property to reach their home, they cannot expand that path for business access. The original agreement limits how the easement can be used. Here are a couple of things courts consider:
  • Whether the easement holder uses the property in a way that differs significantly from the original intent
  • Whether the increased activity creates an unreasonable burden on the property
These factors help property owners identify when an easement holder has crossed the line from lawful use to overreach.

Legal remedies available

Property owners take several steps to address easement overreach. Most start by talking directly with the easement holder. Clear communication helps both sides identify the problem and agree on proper use of the property. If discussion does not solve the problem, the property owner can ask the court to step in. A judge may order the easement holder to stop the unauthorized use and restore the property to its proper condition. Easement disputes become harder to prove over time. Keeping detailed notes, photos and a copy of the original easement agreement can help document the issue if legal action becomes necessary. An easement is a legal agreement with specific limits, and property owners have the right to enforce those limits. An attorney can help review the agreement, confirm whether a violation occurred and recommend the best path forward. Taking action early can prevent the situation from becoming more complex later.]]> On Behalf of Gettinger Waldinger Monteleone Gushue & Hollis, LLP <![CDATA[What to know about liens when buying a home]]> https://www.kiscolawfirm.com/?p=48513 2025-08-25T19:43:40Z 2025-08-25T19:42:52Z What is a lien? Essentially, a lien is an interest in a piece of property that arises out of unpaid debt. In other words, a creditor uses the property as collateral to secure outstanding debt. This is a legal claim that allows the lienholder to foreclose upon the property if the debt continues to go unpaid. This is a major encumbrance on a property, especially given that the lien stays with the property even if it’s sold to someone else. So, if you’re not careful and you buy a home that has a lien attached to it, then, at least theoretically, your home could wind up being subjected to foreclosure proceedings because the previous owner failed to make good on their debt obligations. There are many types of liens, too. They can include HOA liens tied to unpaid HOA dues, mortgage liens created when mortgage obligations go unpaid, tax liens stemming from unpaid taxes, mechanics’ liens placed on property due to unpaid contractual terms and judgment liens stemming from a lawsuit against the homeowner. You need to be on the lookout for each of these as you navigate your home purchase.

How do liens affect a real estate transaction?

Fortunately, the situation mentioned above, where you secure a piece of real estate that you later find to have a lien against it, doesn’t happen very often. This is because the real estate transaction process is incredibly thorough. That said, if there is a lien on the property, then the closing process can be significantly delayed as you and the seller work to release the lien. In turn, this can result in additional and unexpected expenses. You’ll want to carefully consider whether those additional expenses are worth it before deciding to proceed with the deal. Keep in mind, too, that many lenders won’t give you a mortgage if the intent is to use it to purchase a home with a lien attached. This makes sense given that the bank doesn’t want to lose out on profits to a lienholder. So, resolving a lien on the home in question becomes imperative if you want to move forward with closing the deal.

How can you minimize or eliminate the effect of liens on your real estate transaction?

Your first step is to complete a thorough title search. This should uncover any existing liens against the property. At that point you can try to negotiate with the lienholder, which may result in you paying to remove the lien. You can also try to negotiate resolution of the lien with the home seller, perhaps even getting them to commit to settling the lien. Once resolution is found, you need to double-check that the lien has actually been released.

Do you have questions about how a lien may affect your home purchase?

If you do, don’t hesitate to discuss the matter with your real estate attorney. These can be complex matters that, if inappropriately address, could upend what you expect to get out of the process. By educating yourself on liens and the real estate transaction process, as well as by securing the guidance you need, you may be able to resolve any lien issues you may be facing and secure the home that you’ve always wanted.]]> On Behalf of Gettinger Waldinger Monteleone Gushue & Hollis, LLP <![CDATA[3 ways HOAs can enforce community rules]]> https://www.kiscolawfirm.com/?p=48511 2025-06-24T09:52:02Z 2025-06-24T09:52:02Z HOA rules do not allow people to plant vegetable gardens in their front lawns or to replace neutral-colored siding with fluorescent colors. The purpose of those rules is to protect everyone's ability to quietly enjoy their properties and to preserve local property values. Unfortunately, not everyone happily complies with HOA regulations. Rule violations are relatively common. How can an HOA board enforce rules when presented with overt violations?

With written warnings

In some cases, ignorance is the underlying explanation for an HOA rule violation. People may not realize that they cannot have their trash bin at the curb for more than 24 hours, for example. Providing a written warning sent via mail or hand-delivered to the resident can help inform them of their obligations. Ideally, their awareness of the rules should prompt them to take appropriate steps to bring the property into compliance with community standards.

With fines

HOAs often include penalty clauses in their bylaws. They may assess one specific fine for any violation or may have different fines for different rules. In some cases, the fine imposed may increase with every subsequent violation of the same rule. Financial penalties can be a powerful incentive for property owners and residents to ensure they comply with community rules.

With amenity restrictions

Maybe the HOA has a community gym with cutting-edge exercise equipment. Perhaps there is a pool. There are various amenities that can make living in an HOA more pleasant. The consequences of violating community standards could include exclusion from shared spaces or a reduction in HOA services until the resident pays their fines or brings their home back into compliance. In extreme cases where people ignore fines and refuse to correct significant rule violations, HOAs may need to take things further. They can possibly pursue liens as a means of securing the fines owed and may even foreclose on the lien if homeowners don't seek to resolve the lien in a timely fashion. Reviewing bylaws and recent violations with a skilled legal team can help HOA board members respond appropriately to rule violations. Consistent enforcement is typically critical for HOA boards hoping to retain their authority.]]>