Pelham NY Commercial Litigation Attorneys

Commercial Litigation
Commercial litigation is an umbrella term that covers a number of distinct business/individual-related issues and disputes, which may include, among other things, contract disputes, employment issues, disputes among partners or shareholders of a corporation or members of a LLC, disputes between a homeowner and a contractor, contractor and subcontractor or materialmen, insurer and insured, purchaser and seller of property, or investment related disputes. Rafferty & Redlisky, LLP pursues all available remedies from inception through trial, as well as on appeal. We argue vigorously and zealously on your behalf to achieve the best result, always focused on the equitable and most-cost effective means possible.
Health Care Collection and Reimbursement Recovery
Rafferty & Redlisky, LLP focuses on assisting our institutional clients ( nursing homes) in reducing its receivables. Our philosophy is that the best first line of defense in reducing receivables lies with the institution. We assist the facility with its Admission Agreements and other documents used to obtain financial information from its residents to avoid problems obtaining information for Medicaid application and/or collection of co-insurance or private charges. We meet with administrators, social workers, admissions and financial personnel to listen to their particular receivable issues, and suggest strategies. We also pursue all available sources of third-party coverage for health care reimbursement, and we use administrative and judicial remedies for pursing payment from Medicare, Medicaid, and managed care. We also institute private collection actions, and monitor and compel payments in filed estate proceedings.

Guardianship Law
Rafferty & Redlisky, LLP specialize in handling guardianship proceedings at the request of institutional petitioners for the benefit of its residents or clients, or on behalf private petitioners for loved ones. We are fully familiar with the requirements of Article 81, and always strive to balance the privacy and particular needs of the Alleged Incapacitated Person (AIP) with the needs of the facility for a just result that protects both. We work to ensure that our institutional petitioners are compensated for the health care services provided to its AIPs , and assists in working with Medicaid so that coverage is provided for the benefit of both the alleged incapacitated persons and the institution. We have been appointed as Court Evaluator, Guardian and Counsel to the AIP on complex guardianship matters by the Courts in New York, Kings and Westchester Counties as a result of our experience, demonstrated ability and caring service to the alleged incapacitated persons.

Rafferty & Redlisky, LLP shall pursue the enforcement of any written or oral agreement for the payment of monies due and owing our clients by certain proven methods of recovery in accordance with the Fair Debt Collection Practices Act, starting with the issuance of demand letters, through trial and post-judgment enforcement and recovery. We have initiated private sales of homes to collect judgments, frozen bank accounts, garnished wages and even intervened in estate proceedings in which a debtor may be entitled to an inheritance or distribution.
Business Formation and Contracts
Rafferty & Redlisky, LLP advises clients regarding the advantages and disadvantages of different business forms (e.g., sole proprietorships, partnerships, limited liability companies, subchapter S corporations, corporations, and joint ventures). We also draft all of the necessary documents to maintain a business in good standing under the applicable laws, including but not limited to, corporate by-laws, resolutions, minutes of directors’ meetings, and notices, as well as partnership agreements and LLC operating agreements. We also review and draft most types of business agreements, including purchase agreements, employment and severance agreements, shareholder agreements, license agreements, distribution agreements, royalty agreements, leases, non-competition agreements and confidentiality agreements.
Insurance Defense
If you have been declined coverage and need to know what your rights are under an insurance policy, we can assist by issuing coverage opinions and responding to declaratory judgment actions to determine what is and is not covered.
Appellate Litigation
Rafferty & Redlisky, LLP can effectively brief and orally argue appeals in state and federal appellate courts. A lawyer from our firm is also available to serve as "outside appellate counsel" for other attorneys.
Rafferty & Redlisky, LLP works with both landlords and tenants to resolve disputes related to the commercial and residential leases, including but not limited to, lease drafting and review, eviction and holdover proceedings, subleases and assignments, non-payment proceedings, collection actions, illegal evictions, breach of contract claims, constructive eviction cases and breach of warranty of habitability issues.

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438 Fifth Avenue, 1st Floor, Pelham, NY 10803
| Phone: 914-696-0006

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