2010 FALL UPDATE

SILER & INGBER, LLP

Attorneys at Law

301 Mineola Boulevard

Mineola, New York 11501

Phone: (516) 294-2666 ° Facsimile: (516) 294-0870

http://www.mylawyercares.com/

Summer has come to an end and fall has arrived - swimming pools are drained, hot humid days are gone, ice cream trucks are in hibernation, America's pastime draws towards conclusion while football season is in full swing, and of course school is back in session leaving the roadways crowded with traffic jams.

I never paid much attention to the change in seasons but historically the number of accidents increases in the fall. It is important to know your rights in the event you are injured in a car accident, slip and fall or some other accident. Car accident injury victims have the ability to access benefits, such as available income benefits, housekeeping assistance, and medical benefits, that may not be available if you’re injured in a slip and fall.

Those benefits may be available to you even if you’re at fault for the accident. However, with a rich benefits system comes a more restricted ability to claim pain and suffering and other damages. There is a threshold that many cases have to meet to be able to claim.

In addition to the precise injury sustained, the effect on the person’s life is a very important consideration. If you or a loved one is in an accident, contact SILER & INGBER, LLP, toll free at 1-877-LAW-4343 (1-877-529-4343) for a free, no obligation consultation.

SILER & INGBER, LLP is a personal injury law firm handling various accident cases. Jeffrey Siler, myself and our staff provide legal services to those injured in motor vehicle collisions, slip and falls, bike accidents, dog bites, malpractice, workers’ compensation and dangerous and defective products. We analyze, negotiate, and vigorously assert our clients’ rights in litigation.

SILER & INGBER, LLP offers a variety of services to up-and-coming clients as well as more established clients. We represent companies, large and small and can also be of assistance with general law, corporate, insurance, or employment matters.

If you have questions, or if we can be of assistance to you, please call SILER & INGBER, LLP, 1-877-529-4343 (1-877-LAW-4343). I look forward to speaking with you.

Sincerely yours,

SILER & INGBER, LLP

Ronald Ingber

ringber@nylawnet.com

How Not Being Licensed Can Cost You Your Fee In New York

SILER & INGBER, LLP was victorious in protecting a homeowner from an unlicensed contractor.

I find it sad when people learn a lesson the hard way. On the other hand, I understand why the Court, and the New York State legislature set up the rules in this fashion: simply put, if the legislature allowed unlicensed contractors to still get paid for work that requires a license, then that would effectively abrogate the need for the license altogether.

And that’s precisely what happened in Enko Construction Corp. v. Aronshtein. In this Supreme Court, Nassau County case, the plaintiff construction company sought payment of monies allegedly owed for the home improvement work it did in either breach of contract or quasi-contract (i.e., the reasonable value of the services rendered on equitable grounds, which is also referred to as “unjust enrichment” or “quantum meruit“). The defendant, a client of the firm, disputed the workmanship of  work.  There was one “small” problem with the contractor's claim: the plaintiff was not licensed to do home improvement in  Nassau County.

Thus, in dismissing the complaint, the Court held as follows: “It is well settled that a home improvement contractor who is unlicensed at the time of the performance of the work for which he or she seeks compensation forfeits the right to recover damages based on either breach of contract or quantum meruit.    B & F Bldg. Corp. v. Liebig, 76 N.Y.2d 689 (1990); Flax v. Hommel, 40 A.D.3d 809 (2nd Dept. 2007).”

If you require the need of a litigation firm to aggressively represent you, whether you are the plaintiff or defendant, contact SILER & INGBER, LLP at 1-877-529-4343 for a FREE CONSULTATION.