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Shannon Malone

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By Shannon L. Malone, Esq.

Shannon L. Malone Esq.

If you’re thinking of buying or selling a home anytime soon, it’s time to take note: the real estate rulebook has been revised. As usual, any revision results in additional conferring and completion.

In a landmark settlement finalized late last year, the National Association of Realtors (NAR) agreed to pay a whopping $418 million to settle claims that it helped keep real estate commissions artificially high. The changes that came out of that lawsuit aren’t just for the courtroom—they’re now working their way into everyday real estate deals, including right here in New York.

Even though NAR is a national organization, the New York State Association of Realtors (NYSAR) has agreed to follow suit. That means both buyers and sellers on Long Island will notice some new rules—and possibly new costs—when they enter the housing market.

So what’s changing?

Let’s start with the basics. Traditionally, the seller paid both their own agent’s commission and the buyer’s agent’s fee, typically 4% of the sale price in Suffolk and Nassau Counties. Those fees were typically split between the agents and baked into the transaction. Notwithstanding the rule change, this continues to be the practice—for now—although under the new rules, that structure is expected to shift.

Most notably, the buyer’s agent’s commission can no longer be advertised in the Multiple Listing Service (MLS)—the go-to database for real estate listings. That alone could shake up how properties are marketed and sold.

Buyers also face a brand-new requirement: before they can even tour a home with an agent, they’ll need to sign a formal written agreement. This agreement must clearly set out what the agent will be paid, how the fee is calculated (flat rate, hourly, or percentage), and—critically—that the terms are negotiable.

No more handshakes and “we’ll figure it out later.” These are binding contracts now.

The key takeaway? Call your attorney first

And here’s the part that cannot be overstated: before you sign anything with a broker—even just to start looking—consult a real estate attorney. These agreements are legal documents, and buyers are now expected to enter into them at the earliest stages of the home-buying process, often before they’ve even settled on a budget or location.

The language in these contracts can be complex, and the financial implications are significant. An attorney can help you understand the terms, negotiate provisions that may be unfavorable, and ensure you’re not committing to obligations you don’t fully grasp.

Why all the fuss?

The aim here is transparency—and fairness. One major concern raised in the lawsuits was the practice of “steering,” where some agents allegedly guided clients toward listings that offered higher commissions, rather than those best suited to the buyer. The new rules are designed to bring those incentives into the open.

A changing landscape—and the need for legal guidance early

If all this sounds a little confusing, you’re not alone. Many prospective buyers and sellers are just now learning about these changes. But the consequences of signing a contract prematurely or without fully understanding it can follow you throughout the transaction.

That’s why having an attorney in your corner from the outset—someone who is not working on commission and who is bound by law to act in your best interest—is more important than ever.

So whether you’re a first-time buyer or preparing to list a home you’ve lived in for decades, slow down, ask questions, and get the right professionals involved before you sign anything. Because in real estate, success isn’t just about finding the right house—it’s about making the right deal.

Shannon L. Malone, Esq. is an Associate Attorney at Glynn Mercep Purcell and Morrison LLP in Setauket. She graduated from Touro Law, where she wrote and served as an editor of the Touro Law Review. Ms. Malone is a proud Stony Brook University alumna.

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By Shannon L. Malone, Esq.

Shannon L. Malone Esq.

As we enter the new year, it’s essential to understand the significant changes in New York’s criminal laws. The 2023-2024 legislative session introduced several noteworthy reforms to enhance public safety, address emerging crimes, and improve judicial processes. This column outlines three major areas of legislative focus: judicial and juror security, organized retail theft, and deed theft criminalization.

Strengthening protections for judges and jurors

In response to increasing threats against the judiciary, the New York State Legislature enacted the Judicial Security Act. This law empowers judges and former judges to request the removal of personal information—such as home addresses, phone numbers, and the identities of minor children—from public platforms. The impetus for this law was a tragic 2020 incident in New Jersey, where a federal judge’s family members were attacked in their home.¹

Additionally, new criminal statutes were introduced to address threats and violence against judges. The existing felony of assault on a judge has been revised, eliminating the need to prove intent to cause “serious physical injury.” Prosecutors must now establish only that the assault aimed to prevent the judge from fulfilling judicial duties. Further, two new crimes—aggravated assault on a judge (a Class B felony) and aggravated harassment of a judge (a Class E felony)—were created to penalize acts of violence or harassment against judges or their immediate families.²

Jurors also gained new protections. Courts can now issue protective orders to withhold juror identities when concerns arise regarding tampering, harassment, or pretrial publicity. Such measures aim to preserve impartiality while ensuring jurors’ safety.³

Combating organized retail theft

Retail theft has evolved into an organized and costly phenomenon, prompting legislative action. Previously, a thief could only face petit larceny charges for individual thefts under $1,000, even if part of a larger scheme. Under the new law, if the aggregate value of property stolen from multiple locations exceeds $1,000, the offender can now be charged with grand larceny in the fourth degree, a Class E felony. Higher aggregate values can lead to more severe felony charges.⁴

Further protections were added for retail workers. A new Class E felony, assault on a retail worker, criminalizes acts of violence committed to hinder retail employees from performing their duties.⁵

Criminalizing deed theft

Deed theft, a predatory crime targeting vulnerable homeowners—often in minority communities—has now been explicitly criminalized under the larceny statute. Fraudulently obtaining a deed through forged signatures or deceptive practices can result in felony charges. Moreover, the attorney general is now authorized to prosecute these cases, adding significant enforcement power to this initiative.⁶

Additional reforms

The legislative session also addressed hate crimes, identity theft, and outdated laws. Twenty-two new offenses were added to the list of hate crimes, including crimes targeting individuals’ religious attire, such as the desecration of religious symbols or the disruption of religious services.⁷ In another modernizing move, the long-dormant crime of adultery was repealed, reflecting evolving societal norms.⁸

Finally, the legalization of jaywalking in New York City marks a shift in enforcement priorities. Motivated by concerns over racial disparities in summonses, this decision allows pedestrians to cross streets outside crosswalks without penalty.⁹

Conclusion

These legislative changes reflect New York’s commitment to addressing modern challenges while safeguarding fairness and justice. Whether enhancing protections for the judiciary or targeting organized theft, the state is adapting its legal framework to meet the needs of its citizens. Consulting the full legislative texts or speaking with an attorney can provide additional insights for readers seeking more information on these laws.

References:

1. 2024 N.Y. Laws, Ch. 56, Part F (adding Judiciary Law article 22-c), eff July 19, 2024; 2. 2024 N.Y. Laws, Ch. 55, Part FF (amending P.L. §§ 120.09-a, 240.33), eff July 19, 2024; 3. A. 7495, awaiting the signature of the governor; 4. 2024 N.Y. Laws, Ch. 55, Part FF (amending P.L. §§ 155.36, 155.40, and 155.42), eff July 19, 2024; 5. 2024 N.Y. Laws, Ch. 55, Part A (adding P.L. § 120.19), eff July 19, 2024; 6. 2024 N.Y. Laws, Ch. 56, Part O (amending P.L. § 155.00), eff July 19, 2024; 7. 2024 N.Y. Laws, Ch. 55, Part C (amending P.L. § 485.05), eff June 19, 2024; 8 A. 4714, awaiting the signature of the governor; 9. Int. No. 346-A, eff February 23, 2025.

Shannon L. Malone, Esq. is an Associate Attorney at Glynn Mercep Purcell and Morrison LLP in Setauket. She graduated from Touro Law, where she wrote and served as an editor of the Touro Law Review. Ms. Malone is a proud Stony Brook University alumna.

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By Shannon L. Malone, Esq.

Shannon L. Malone Esq.

As Thanksgiving approaches, many of us are preparing for one of the busiest travel seasons of the year. And while the joy of seeing loved ones is the main focus, let’s not forget that each time we cross state lines, we’re also entering a new legal landscape.

Known as the “Implied Consent Doctrine,” this concept means that by simply driving into another state, you agree to follow its rules of the road—even when they’re downright bizarre. To help make your road trip a little more entertaining (and legally compliant), I’ve gathered some of the most peculiar traffic laws from the continental U.S.

Northeast

• Maine: You are not permitted to park in front of Dunkin’ Donuts. Considering how serious residents of Maine are about their morning coffee, this law might just be about preserving access to their lifeline.

• New Hampshire: Do not stop in the middle of the road to let a moose pass; it is considered obstructive driving.

• Vermont: It is illegal to whistle underwater while driving (though one might wonder how that situation could arise).

• Massachusetts: Drivers cannot operate a car with a gorilla in the back seat. Indeed, you read that correctly…

• Rhode Island: If you find yourself in Providence at night, keep a bell handy—it is legally required for cars after dark.

Midwest

• Ohio: In Youngstown, running out of gas on the road is actually considered a misdemeanor!

• Illinois: Hanging fuzzy dice or air fresheners from your rearview mirror is illegal. The goal here is to keep your line of sight clear, though it’s a tough break for lovers of retro car accessories.

• Michigan: When approaching a roundabout in South Haven, be sure to stop if emergency vehicles are nearby, as it is illegal to enter a roundabout while emergency vehicles are approaching.

• Iowa: On Sundays, keep the honking to a minimum if there’s a horse nearby—it is considered harassment, which makes one wonder how many horses have actually complained.

• Kansas: It is illegal to screech your tires—unintentionally or otherwise.

• North Dakota: In Fargo, you can’t drive barefoot. I guess that means flip-flops are fine, but bare feet are a step too far.

South

• Florida: It is the law to let faster cars pass on highways, no matter how much you want to set your own pace. Florida does not mess around when it comes to staying in the right lane.

• Georgia: Driving with an animal tied to your car roof is illegal—a law that likely exists because of travelers who took Clark Griswold’s antics a bit too literally.

• South Carolina: In Hilton Head, it is illegal to ride a bike without keeping at least one hand on the handlebars.

• Alabama: In case you were wondering, driving while blindfolded is prohibited. It sounds absurd, but it is always better to be safe than sorry.

• Tennessee: Shooting at any game from your car is a no-go—unless, of course, it is a whale.

West

• California: Shooting at game from a moving vehicle is banned, except for—you guessed it—whales. Who knew whales were such frequent targets on U.S. roadways?

• Nevada: Camels are not allowed on highways, a remnant from the days when camels were actually used for transportation in the desert.

• Oregon: For those planning to fill up their gas tanks, remember that you are not allowed to pump your own gas in many parts of the state, so pretend you are in New Jersey, where motorists have not been permitted to pump their own gas since 1949!

Stranger than fiction traffic laws in our home state of New York

• No Sleeping: In Southampton Village, you are only allowed to sleep in your car at specific times. The local rule is simple: if your car is stationary, you may not sleep in it between the hours of 2:00 and 5:00 a.m. But it may be assumed that it is lawful to sleep in your vehicle for the remaining 22 hours of the day.

• No U-Turns in West Hampton Dunes: In West Hampton Dunes, if you miss a turn, you had better be a master of rerouting. The village has an ordinance that bans U-turns on all streets, leaving no room for error in your navigation.

• No Disrobing: Feel like changing clothes in your car while in Sag Harbor? Do not. The village’s vaguely worded bathing law makes it illegal to strip down in public or in your vehicle. When you bathe in Sag Harbor, you are also required to wear a swimsuit or suitable covering. No exceptions.

• No Warming Up: Cold outside? Too bad. New York is one of thirty states, where it is against state law to warm up your car unless you are sitting in it. The Unattended Motor Vehicle law prohibits leaving the engine running without the key removed. So, unless you want a ticket, you will need to shiver it out. The only exception to this law is if a remote-control starter is used to warm up the car.

• Other Laws Related to Idling Vehicles: Heavy-duty vehicles are prohibited from idling for more than five minutes at a time for trucks and buses with a gross vehicle weight rating (GVWR) of more than 8,500 pounds. New York City Prohibits idling for more than three minutes for all vehicles, or one minute outside a school. Fines for idling range from $500 to $18,000 for a first violation.

• No Speeding Past a Sanitation Truck: In 2016, New York expanded its definition of a hazard truck to include sanitation trucks. This means drivers must slow down when passing a garbage truck, just as they would for a fire truck or ambulance. The rule aims to protect sanitation workers from getting clipped by drivers in a hurry.

Although the main goal of Thanksgiving travel is to safely reach family and friends, learning about some of these quirky laws can add a bit of fun to your road trip. Plus, it never hurts to know what to expect when you cross into new territory.

Final thoughts

While these peculiar New York regulations might seem excessive, they are not alone in their strangeness. Just as New York State outlaws warming up your unattended car, unless by keyless remote, other states have quirky twists on idling rules too—like New Jersey, where pumping your own gas is illegal, or California, which limits idling time to protect air quality. 

Meanwhile, Sag Harbor’s ban on disrobing in vehicles is reminiscent of laws in Alabama, where driving blindfolded is prohibited (as if that needed to be specified). Compared to these, New York’s ban on speeding past sanitation trucks aligns more with other states’ safety measures, like Florida’s rule to let faster cars pass. While local ordinances reflect unique community concerns and seem more like relics of an overzealous town board meeting, state laws generally aim for broader public safety and environmental protection, often with stricter enforcement and heftier fines.

Although the main goal of Thanksgiving travel is to safely reach family and friends, learning about some of these quirky laws can add a bit of fun to your road trip. Plus, it never hurts to know what to expect when you cross into new territory.

Shannon L. Malone, Esq. is an Associate Attorney at Glynn Mercep Purcell and Morrison LLP in Setauket. She graduated from Touro Law, where she wrote and served as an editor of the Touro Law Review. Ms. Malone is a proud Stony Brook University alumna.

Traffic Court Forum returns on Nov. 28

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By Shannon L. Malone, Esq.

Shannon L. Malone Esq.

In a recent report by the New York State Commission on Judicial Conduct, significant attention was directed toward the operation and oversight of the state’s town and village justice courts. These local courts hear approximately two million cases annually, including traffic violations, misdemeanors, and small claims, making them unique. Notably, they are the only courts in New York where judges, known as justices, are not required to be lawyers. This feature, a relic of the colonial era, presents both strengths and challenges to the administration of justice across the state.

The lay justices: Tradition meets modern challenges

Of the approximately 1,830 town and village justices currently in office, only about 700 are lawyers! Nonetheless, these justices, often referred to as “lay justices,” are tasked with adjudicating cases that can significantly impact individuals and communities. Despite their lack of formal legal training, lay justices preside over the same cases as their attorney counterparts, including traffic cases, small claims, and misdemeanors. This has led to ongoing debates about the adequacy of the justice provided in these courts.

Suffolk County has five town courts: East Hampton Town Court, Riverhead Town Court, Shelter Island Town Court, Southampton Town Court, and Southold Town Court, and twenty-seven village courts. Our town and village courts handle a heavy volume of criminal and civil cases; fortunately, all of our town and village justices are admitted attorneys. This is not so in other parts of the state north of Rockland County. 

The Commission’s report highlights that while many lay justices perform their duties competently, there is a higher incidence of disciplinary issues among them compared to attorney justices. Specifically, lay justices account for 70% of the Commission’s disciplines, a statistic that reflects concerns about their adherence to judicial ethics and legal procedures. Issues such as failing to inform defendants of their right to counsel, improperly handling eviction proceedings, and delays in decision-making due to unfamiliarity with legal principles are among the recurring problems.

Enhanced training: A possible path forward

In response to these challenges, a concerted effort has been to enhance the training and resources available to town and village justices. Since 2006, the Office of Court Administration (OCA) has implemented an Action Plan for the Justice Courts, which includes increased judicial education, the provision of laptops with audio recording capabilities for all courts, and the development of a comprehensive Justice Court Manual. These measures aim to bridge the gap in legal knowledge and procedural understanding between lay and law-trained justices.

Moreover, the Commission has expressed willingness to collaborate with the Legislature and the courts to improve lay justices’ training further. This includes advocating for more rigorous courses in civil and criminal procedure, property law, and professional ethics—subjects that law-trained justices would have studied extensively in law school.

Bill introduced to require judges in high-volume New York Courts to be licensed attorneys

The town and village justice courts in New York play a crucial role in the state’s legal system, especially in rural and less populated areas. A significant piece of legislation (S.139C) has been passed to reform the qualifications for justices in the state’s busiest town and village courts. The new bill mandates that justices in the 100 highest-volume justice courts be licensed attorneys with at least five years of legal experience.

The move to require experienced attorneys as judges in high-stakes courts aims to protect defendants’ rights and uphold public confidence in the judicial process. This legislation could lead to more consistent and legally sound outcomes in the state’s busiest local courts, enhancing the integrity of the judicial system. 

As the bill progresses, it will likely spark discussions about the balance between local autonomy and the need for uniform standards in the judiciary. In our next article, we will discuss the specific functions of Suffolk County’s Town and Village Courts.

Shannon L. Malone, Esq. is an Associate Attorney at Glynn Mercep Purcell and Morrison LLP in Setauket. She graduated from Touro Law, where she wrote and served as an editor of the Touro Law Review. Ms. Malone is a proud Stony Brook University alumna.

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By Shannon L. Malone, Esq.

Shannon L. Malone, Esq.
Vehicle maintenance and safety Inspection

Kicking off a summer road trip? Remember, it all starts before you hit the gas. Ensuring your vehicle is in peak condition isn’t just smart; it’s the law. From tire pressure to oil levels, brakes to lights, and that ever-essential air conditioning system—every detail matters. States have their own safety requirements and ignoring them can lead to fines. So, whether you’re leaving from Setauket, NY, or anywhere else, make sure your vehicle meets the legal standards to keep your trip running smoothly.

Emergency kit essentials

Emergencies are the uninvited guests of road trips. A well-stocked emergency kit isn’t just good planning; it’s also about staying legal. Your kit should include basics like a first-aid kit, flashlight, spare tire, and jumper cables. But don’t stop there—some places require reflective triangles, fire extinguishers, and even blankets. Knowing what’s legally required where you’re headed can keep you safe and compliant.

Interstate driving regulations

Think traffic laws are the same everywhere? Think again. Each state has its quirks—different speed limits, seat belt rules, and cell phone use regulations. What’s allowed in one state might get you a ticket in the next. To avoid surprises, arm yourself with the knowledge of the rules of every state you’ll pass through. This isn’t just about power; it’s about taking control of your journey and ensuring a hassle-free trip.

DUI prevention and legal consequences

Driving under the influence: a surefire way to ruin your road trip. While blood alcohol content (BAC) limits vary slightly from state to state, the zero-tolerance message is clear. DUI penalties can be severe, from hefty fines to jail time, and can haunt you long after the trip ends. 

In New York, the legal threshold is .08% alcohol content in your blood, and it is the same in most states. The blood alcohol content is the percentage of alcohol in your bloodstream, measured by blowing into a breath machine or by blood taken by the police. 

However, at Glynn Mercep and Purcell LLP, we emphasize the importance of planning with sobriety in mind. It’s not just about staying out of legal trouble; it’s about keeping everyone safe.

It is crucial to bear in mind that while the recreational use of marijuana is permitted in New York, the legality of marijuana may vary in the states through which you travel en route to your destination or in the state of your ultimate visitation. Engaging in the possession or use of marijuana in non-compliant states could result in the need to retain an out-of-state lawyer and potentially necessitate your presence for subsequent court proceedings, which may entail multiple appearances.

Safe and legal rest stop usage

Rest stops are essential for a comfortable journey, but they come with their own set of rules. Stick to parking regulations to avoid fines and protect your vehicle from theft. Pay attention to posted signs and local laws—some places limit how long you can stay. Respecting these rules ensures a safe, legal break before you hit the road again.

TIP: In some states, such as New Jersey, it is illegal to pump your own gas. A gas station attendant must assist you with refueling.

Driving in summer weather hazards

Summer road trips can bring weather surprises. From heatwaves to sudden storms, staying safe means knowing the legal requirements for your vehicle in different conditions. Some states require headlights in rain or specific tires for wet roads. Prepping your car for weather hazards keeps you safe and on the right side of the law. If you are not sure of a particular state’s rules in this regard, and you don’t have running lights, you should keep your headlights on all of the time.

Environmental protection and legal compliance

On your road trip, don’t just enjoy the scenery—protect it. Littering can lead to hefty fines and harm the environment. Many areas have strict environmental laws to follow. Respecting these rules preserves natural beauty and keeps you from legal trouble, especially in those states where such regulations are actually enforced.

As you plan your summer road trip, remember that preparation is key. We know the importance of safe, legal travel at Glynn Mercep and Purcell LLP in Setauket. If you need guidance or legal help, our experienced team is here to assist. Make your trip memorable for all the right reasons. 

Safe travels!

Shannon L. Malone, Esq. is an Associate Attorney at Glynn Mercep Purcell and Morrison LLP in Setauket. She graduated from Touro Law, where she wrote and served as an editor of the Touro Law Review. Ms. Malone is a proud Stony Brook University alumna.

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By Shannon L. Malone, Esq.

Shannon L. Malone Esq.

Earlier in our series with respect to traffic infractions, we discussed proposed legislation that would increase the number of points associated with dangerous driving. These provisions would add point penalties to violations that presently have none. In this article, we will explore the existing Driver Violation Point System and provide readers with a quick reference guide illustrating the number of points associated with speeding violations in New York State. Understanding this system will empower you to make informed decisions about your driving habits and potential consequences. 

It is crucial to remember that if you accumulate 11 points on your driver’s license within 18 months, your driver’s license will be suspended. This is a significant consequence that can obviously disrupt your daily life. Exceptions to this point are rare. Nonetheless, you should consult an experienced attorney if you find yourself in this situation. Additionally, you must pay a Driver Responsibility fee if you accumulate six or more points on your driving record within 18 months.

Once 18 months have passed from the violation date, the points for that violation no longer count toward your total. However, the points do remain on your overall driving record, and your insurance company may use these points to increase your premium.

How Your Point Total is Calculated

Points are added to your driving record based on the date of the traffic violation, not the conviction. The point total is calculated by adding the points for violations occurring within the last 18 months.

Out-of-State Convictions

Suppose you are convicted of a traffic violation in another state, like Connecticut, New Jersey, or Florida. In that case, points are not added to your New York State driving record. Interestingly, however, if the violation occurred in Canada, specifically in Ontario or Quebec points are added because New York State has a reciprocal agreement with these provinces.

Insurance Premiums

Insurance companies have their own point systems and can increase premiums based on your driving records. Insurance companies almost invariably increase your premium if you are convicted of a moving violation such as speeding. Other moving violations that may affect your insurance premium are passing a stop sign, running a red light, and failing to yield the right of way.  For these reasons, it is always a good idea to consult a lawyer when you receive a summons for a moving violation, particularly a speeding ticket.

Check Your Points

New York State DMV’s “MyDMV” service allows users to check their points on their New York State driver’s license. Taking a DMV-approved Point and Insurance Reduction Program (PIRP) course (usually online) will help prevent you from losing your license if you accrue 11 or more points on your driving record. Four points are ‘subtracted’ to calculate a suspension if you have 11 or more points. The tickets/points do not physically come off your driving record, but this system can potentially save you 10 percent on your automobile liability and collision insurance premiums. This offers a glimmer of hope and control in managing your points and insurance premiums.

Shannon L. Malone, Esq. is an Associate Attorney at Glynn Mercep Purcell and Morrison LLP in Setauket. She graduated from Touro Law, where she wrote and served as an editor of the Touro Law Review. Ms. Malone is a proud Stony Brook University alumna.

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By Shannon L. Malone, Esq.

Shannon L. Malone Esq.

New York State has fortified its “move over” law to extend protection to all road users, aligning with a nationwide trend. Effective immediately, this revision aims to safeguard motorists stranded on highways, echoing similar measures adopted by several states. 

Previously, signs have warned motorists on many New York State roadways that they must pull over as far over to the left as possible when an emergency vehicle is on the shoulder of a highway. 

Under Governor Kathy Hochul’s leadership, this legislative update emphasizes the paramount importance of road safety. State Senator Lea Webb spearheaded the bill, emphasizing its critical role in preventing tragedies involving stranded motorists.

The revised law mandates all vehicles on highway shoulders to be treated with equal caution, whether law enforcement, emergency responders, or stranded motorists. It’s a proactive step to ensure everyone’s safety.

Since 2012, New York has applied move over protections to cover emergency vehicles, hazard vehicles, and vehicles displaying a blue or green light. The rule requires drivers to exercise due care and change lanes when approaching the affected vehicles.

Sen. Lea Webb, D-Binghamton, wrote in a bill memo that while existing law has been effective in protecting law enforcement and emergency vehicles that are stopped on the side of roadways, “there are still tragedies each year involving other motorists that are killed or seriously injured while stopped on the shoulder to attend to an emergency.”

Gov. Hochul’s office said other vehicles stopped on the sides of highways have remained a safety hazard. From 2016 to 2020, 37 individuals lost their lives outside disabled cars in New York.

Hochul said the signing of the law is a significant step forward in reducing traffic-related accidents and ensuring the well-being of all New Yorkers.

“I want to thank Gov. Hochul for signing this legislation, which will extend safety protections to any motor vehicle that is parked, stopped, or standing on the shoulder of a parkway or controlled-access highway, increasing safety and saving the lives of New Yorkers,” Webb said in prepared remarks. “This bill will decrease the numbers of fatalities and serious injuries that occur due to crashes involving a stopped or disabled vehicle on our roadways.”

The new law took effect this month.

Shannon L. Malone, Esq. is an Associate Attorney at Glynn Mercep Purcell and Morrison LLP in Setauket. She graduated from Touro Law, where she wrote and served as an editor of the Touro Law Review. Ms. Malone is a proud Stony Brook University alumna.

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By Shannon L. Malone, Esq.

Shannon L. Malone, Esq.

Many of our clients have been inquiring about how traffic summons is being handled in Suffolk County, in particular, speeding tickets; the answers to these questions, depending on where in the county the ticket was received, tickets being prosecuted in the village in town, courts across Long Island may not be handled in the same way as those received elsewhere.

How is a speeding ticket handled if received in one of the five western towns of Suffolk County, Long Island?

For example, suppose you receive a ticket for speeding in the five western towns, Huntington, Smithtown Babylon Islip in Brookhaven, and not in an incorporated village, such as Head of the Harbor, Port Jefferson, Nissequogue, Islandia, and others. In that case, your case will be prosecuted in the central traffic court on Veterans Memorial Highway in Hauppauge in the H Lee Dennison building. The Suffolk County traffic and parking violations agency works in many ways, like the Department of Motor Vehicles.

How is the speeding ticket handled if received in an incorporated village or one of the eastern towns on Long Island?

Suppose you receive a speeding ticket in an incorporated village or one of the towns on the east end of Suffolk County, such as Riverhead, Southampton, East Hampton, or Southold. Your case will be prosecuted in the local court in that village or town. 

Each of these courts has its own rules concerning personal appearances; however, since the district attorney’s office in Suffolk County prosecutes speeding tickets and other moving violations, the same rules governing what dispositions of your ticket are possible in the traffic court in Hauppauge might not prevail. Specific plea-bargaining guidelines bind the prosecutors in the traffic court, while the Suffolk County District Attorney’s office has its flexible guidelines.

Take-Away

It is important that your attorney is fully aware of the different prosecutorial guidelines that are in place in the particular court where your speeding ticket is pending. Many law-abiding individuals tend to plead guilty instinctively, especially if it’s their first ticket. However, pleading guilty can result in a heavy fine, a possible increase in your car insurance rates, and as many as 6 to 11 points on your driving license. 

Shannon L. Malone, Esq. is an Associate Attorney at Glynn Mercep Purcell and Morrison LLP in Setauket. She graduated from Touro Law, where she wrote and served as an editor of the Touro Law Review. Ms. Malone is a proud Stony Brook University alumna.

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By Shannon L. Malone, Esq.

Shannon L. Malone, Esq.

Over the course of the year, we at Glynn Mercep Purcell and Morrison LLP., have sought to inform our neighbors in the community of important automobile insurance topics through our Auto Insurance Forum column. To summarize the many insurance issues discussed in our articles and to help the reader understand some key takeaways, we suggest keeping the information below in a safe place so that you may reference it in the future. 

Insurance Policy Minimums under New York State Law: $25,000 per person/$50,000 per accident in Bodily Injury coverage; $25,000 per person/$50,000 per accident in Supplemental Underinsured Motorist (SUM) coverage; $50,000 in Personal Injury Protection coverage; $25,000 per person/$50,000 per accident in Uninsured/Underinsured Motorist coverage

The Importance of Adequate SUM Coverage: As discussed, SUM coverage is mandated in New York for the amount indicated above. Having adequate SUM coverage is vital to ensure fair compensation when injured by an under-insured driver as your own policy pays the gap between their liability and your claim.

Understanding the Motor Vehicle Accident Indemnification Corporation (MVAIC): In New York, “No Fault” insurance (Personal Injury Protection or PIP) covers accident-related costs, regardless of fault. Drivers need a minimum liability policy of $25,000. 

When hit by an uninsured driver or involved in a hit-and-run as a pedestrian, cyclist, or motorcyclist without your own insurance, the Motor Vehicle Accident Indemnification Corporation (MVAIC) steps in. MVAIC is a non-profit organization providing up to $50,000 in no-fault benefits for medical bills and $25,000 per person for injury compensation. 

It’s funded by insurance company levies, fees, investments, and recoveries. To qualify, the accident must be reported to the police within 24 hours, the accident must have occurred in New York, and no other insurance is available. You cannot own or be the spouse of the uninsured vehicle’s owner. For hit-and-runs, file a Notice of Intention within 90 days (180 days if the owner is identified). Complete an NF-2 form with accident and injury details, medical bills, and a Household Affidavit. Consult a lawyer for help navigating this process.

Understanding New York’s No-Fault Insurance Law: New York State Insurance Law § 5102(d) governs the criteria which allows you to make a claim or file a lawsuit when you are injured as a result of a motor vehicle accident. 

The section defines the criteria necessary to receive compensation (i.e., a serious injury) as: ”a personal injury which results in (1) death; (2) dismemberment; (3) significant disfigurement; (4) a fracture; (5) loss of a fetus; (6) permanent loss of use of a body organ, member, function or system; (7) permanent consequential limitation of use of a body organ or member; (8) significant limitation of use of a body function or system; (9) or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.”

Remember Insurance Companies are in Business to Make Money: Insurance companies aim to minimize payouts to maximize profits. They investigate claims, including personal background and online presence. Communicate factually with insurance adjusters but avoid volunteering information. Many companies use actuarial software to calculate low initial settlement offers. Negotiate to increase your claim’s value by considering all medical expenses, additional accident-related costs, and long-term consequences of your injuries.

On behalf of Glynn Mercep Purcell and Morrison LLP., we wish you a Happy Thanksgiving!

Shannon L. Malone, Esq. is an Associate Attorney at Glynn Mercep Purcell and Morrison LLP in Setauket. She graduated from Touro Law, where she wrote and served as an editor of the Touro Law Review. Ms. Malone is a proud Stony Brook University alumna.

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By Shannon L. Malone, Esq.

Shannon L. Malone, Esq.

Members of the community have been inquiring about how the courts have dealt with their calendars for personal injury cases caused mainly by motor vehicle accidents during more recent variants of COVID-19. Clients are naturally concerned about their health and the progress of their personal injury cases. 

Moreover, people who have gotten into various types of accidents while last year’s Omicron variant was raging wonder if they, or we, should be doing anything different. Finally, with the recent uptick in COVID-19 reported by the media, we are receiving additional inquiries of this nature over the summer. 

Just ‘how open’ were the courts before the Omicron variant became widespread?

Before the Omicron variant of the COVID-19 virus became prevalent, the courts in Suffolk County and throughout the state were beginning to “open up” and conduct “in person” appearances for conferences and other matters. 

Trials started when these appearances became more commonplace and seemingly conducted without danger to the court personnel, litigants, and lawyers. First, the court scheduled criminal trials in cases with incarcerated defendants, and then serious felony trials began in the fall of 2021. 

Next, the court started trying civil cases as a backlog of personal injury accident trials had developed. The judges throughout the state were encouraged to reduce the backlog, as it is well known that personal injury cases arising out of car accidents, slip and fall incidents, and medical malpractice usually settle only when a trial is about to begin. Therefore, the need to schedule trials became essential. 

What happened to trials that were scheduled before the Omicron variant became widespread? 

Just as civil trials for personal injury cases were beginning to be held with little or no noticeable spread of the virus, by the end of 2021, the Omicron variant hit New York State and most of the country. 

Several personal injury trials had been completed by jury verdict or settlement in Suffolk County; however, as 2022 began, the Omicron variant caused a pause in starting most civil personal injury trials. While a few such cases proceeded to trial while Omicron was spreading, the cases that involved several parties, such as multi-car accident matters, were postponed until the variant subsided.

What is the status of personal injury cases as of the Summer of 2023? 

Despite the emergence of the apparent new strain of COVID-19, the entire country clearly is enduring its spread. Whether it is a result of the vaccines, people developing immunity, or the availability of medications, most cases seem to be relatively mild. As a result, the courts are operating as they were in 2019, and trials are proceeding in virtually all personal injury cases. 

Needless to say, if you have a case pending or were involved in an accident that caused personal injury, be sure to keep in touch with your lawyer or consult with an attorney if you haven’t done so already, as no one can predict how new variants of the virus will evolve. 

According to epidemiologist Nathan Grubaugh of Yale University, “Delta was never going to be the last variant—and Omicron is not going to be the last one, as long as there is a COVID-19 outbreak somewhere in the world, there is going to be something new that emerges.” 

Shannon L. Malone, Esq. is an Associate Attorney at Glynn Mercep Purcell and Morrison LLP in Setauket. She graduated from Touro Law, where she wrote and served as an editor of the Touro Law Review. Ms. Malone is a proud Stony Brook University alumna.

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