Areas of Practice

Personal Injury :: Wills and Estates :: Real Estate :: Construction Law

Personal Injury

Richard G. Fontana is an injury lawyer and accident lawyer with many years of experience, both in and out of the Court rooms of Westchester County, New York. Dealing with a serious injury caused by an accident is difficult and can be confusing. From the moment you contact Richard Fontana, he and his staff will do everything in their power to ensure that all your questions are answered and your legal concerns are lessened.

This experienced injury lawyer will explain your legal rights thoroughly so that you can make informed decisions as the case moves forward. You will understand what to expect, how long the process will take and the possible outcome for your case.

Whether a car accident, car crash, malpractice or construction accident or any other similar personal injury accident, every aspect of your case will be investigated. This will provide your injury lawyer with the proper basis for a demand for compensation, negotiation and set-up a litigation strategy that will achieve the best result.

Sometimes, after negotiations an insurance company will make a fair settlement offer - one that includes all past and future medical expenses, lost wages and pain and suffering. However, if no offer is made or negotiations fail to achieve what you consider a fair offer of settlement, Richard Fontana, as your accident lawyer, will not hesitate to take your case to court.

Sample Cases

$130,000 was recovered for a broken ankle after a fall on marble floors where rugs were misolaced

$130,000 was awarded to a homeowner who contracted with a home improvement repair company following a fire. The contractor stopped the job and demanded more money. Owner calimed breach of contract.

 

Wills & Estates

Last Will and Testament, Trusts, Codicils, Powers of Attorney, Living
Wills, Probate, Administration, Will Contests and Litigation.
 

What is a Valid Will & Testament?

A valid will must have the following features:

  1. It must be in writing.
  2. It must be signed by you.
  3. It must be witnessed by at least two disinterested people present at the time of signing.
  4. You must testamentary “capacity” at the time that the will is signed.

If your will is not properly made, the court will not accept it and it will not be enforced. Probate means that it has been proven that your last will has all the necessary legal elements to be accepted by surrogate court. The court has discretion to deny probate. If it does so, your possessions will be disposed of as if you had not made a will at all.

A contested will, or a will contest, occurs when someone claims that one of the above elements is missing. Most frequently, arguments are made that the testator failed to have testamentary capacity, that is, lacking the mental or physical capacity to understand what she or he was when the will was executed. Sometimes, there are arguments made that this lack of competency was a result of undue influence or duress exerted by others at the time the will
was made.

See NY Times Article: How to Choose the Right Executor

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Real Estate: Residential and Commercial

Real Estate: Residential and Commercial Contracts to Buy and Sell Houses, Condos and Co-ops, and Real Estate Closings, Commercial and Residential Lease Negotiations and Drafting, Construction Law and Litigation, Mechanic Liens.

We are able to handle real estate matters ranging from complex real estate transactions to residential closings. Regardless of the size and scope of your real estate matter, we approach it with the same professional thoroughness and personal attention we devote to all of our clients.

We assist buyers and sellers with the purchase and sale of residential and commercial property, including drafting, negotiating and review of purchase agreements, lease agreements, sale and lease back transactions, IRS 1031 transactions, seller financing, title work inspections and assisting with closing documents and attending closings.

We have also represented residential and commercial landlords and tenants in long term lease negotiations and evictions.
 

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Construction Law

New Home construction, contracts, American Institute of Architects Forms(AIA), Contracts with Architects, General Contractors and Sub-Contractors, Arbitration, Mediation, Litigation and Payment Disputes.

I have represented home owners, general contractors and sub-contractors in negotiations over contracts and in contract disputes for many years. New home construction, major remodeling and commercial construction requires attention to contract details as well as the drafting of many supplemental agreements and riders. But even the best contract cannot prevent disputes over costs, design, delays and quality of workmanship. I have seen and handled many such disputes both in court and in arbitrations.

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