Please read below to learn more about the practice areas of Ficara & Associates, P.C.

The attorneys of Ficara & Associates, P.C. take the time to understand our clients’ needs and wishes then employ our technical skills in drafting to craft estate documents that meet the goals of our clients.

 

Condominium, Cooperative & HOA

The firm’s Condominium and Cooperative Practice is headed by Anthony J. Ficara.  Mr. Ficara has represented developers and converters in the filing of numerous condominium, cooperative and homeowner association offerings throughout New York and across the United States.

Experienced in every type of residential and commercial condominium, cooperative, homeowner association development, our attorneys hold leadership positions at local builders’ associations and are members of various local and national real estate organizations.  Mr. Ficara also serves on the New York State Bar Association Committee on Condominiums and Cooperatives.

Drawing on our vast experience in the real estate industry, we are able to counsel our clients in the relevant legal, business and financial aspects, which impact the planning of their community association. 

Real Estate

The Real Estate Law Practice draws the experience gained from representing some of the nations largest lenders in sophisticated commercial lending transactions and some of the regions largest developers, to provide our clients, both large or small, with the highest level of service and expertise.

Whether you are constructing a large, multi-story development or simply purchasing your first home, our attorneys are here to assist you every step of the way.  From acquisition to financing, and ultimately to disposition of the asset, our attorneys are adept at analyzing all elements of the project and advising our clients as to the best, most economical course of action. 

In congruence with our Condo/Coop group, our real estate group represents residential developers in contract negations and sale of their units. 

Our experienced attorneys have also been in involved in representing various lenders in hundreds of commercial and residential lending transactions.

Commercial and Construction Litigation

The attorneys of Ficara & Associates, P.C. are experienced in handling all types of complex commercial, business and construction litigation matters. These matters include business disputes, including contract claims, disputes over employment agreements and restrictive and non-compete covenants, corporate, limited liability company and partnership dissolutions, joint ventures, trade secrets, insurance claims, real estate claims, lease disputes and commercial and residential landlord/ tenant matters.

Our Construction Group includes attorneys who are recognized in the State of New York as leaders in the industry. Our attorneys represent and counsel prime and trade contractors, owners/developers, surety companies, architects and engineers with respect to all aspects of construction.

We provide services including, but not limited to, the following:

  • Representation in the litigation of Complex Construction Claims;
  • Drafting and Negotiating Construction Contracts with Public and Private Entities;
  • Mechanics’ Liens and Public Improvement Liens;
  • Contract Defaults and Termination;
  • Delay, Inefficiency and Interference Claims;
  • Claims Prevention;
  • Bid Protests and Award Disputes;
  • Surety Bond Issues;
  • Property Damage Claims;
  • Insurance Coverage and Disputes;
  • Alternative Dispute Resolution; and
  • New York City Department of Buildings and Environmental Control Board Claims and Violation Resolution.

Members of our Commercial and Construction Litigation Group offer cost-effective, but sophisticated, legal advice, expertise and innovation with personal attention and responsiveness. We are committed to maintaining close lines of communication with our clients and endeavor to keep our clients apprised of the status of their legal matter every step of the way.

Labor and Employment Law

The attorneys at Ficara & Associates have years of experience defending employment claims on behalf of all types of employers.  We represent management in cases concerning Title VII of the 1964 Civil Rights Act (race, sex, religion, color and national origin), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), constitutional violations, sexual harassment, workplace violence, retaliation, wage and hour violations, unfair competition and wrongful discharge.  Our employment attorneys regularly advise employers on taking preventative steps to reduce the risk of future litigation and limit exposure.  Through comprehensive counseling with our clients, we implement cost-effective legal strategies to meet their business needs.

Employment Discrimination, Harassment and Retaliation

Federal, state and local employment laws impose risk to all employers.  We defend employers in federal and state court and before administrative bodies in connection with claims involving federal, state and local human rights laws, including federal claims under Title VII, the ADA, FMLA, ADEA, and related state and local anti-discrimination statutes.  Our employment attorneys have developed the expertise to assess risk and evaluate settlement value at an early stage to enable our clients to make well-reasoned business decisions regarding litigation strategy.  We are experienced in representing clients at Alternative Dispute Resolution proceedings in an effort to avoid protracted litigation. 

Due to the fact that employment claims constitute one of the fastest growing areas of litigation, the increased likelihood that an employer will be faced with an employment related claim compels employers to evaluate their employment policies and implement best practices in the workplace.  Accordingly, our attorneys review and counsel employers on their employment practices, including hiring, discipline and termination policies. We also conduct an assessment of clients compliance with applicable civil rights laws in an effort to reduce and mitigate litigation.

EEO Training, Investigations and Personnel Policies

Ficara & Associates prepares comprehensive employee handbooks and other personnel policies that are tailored to the business needs of each individual client.  Additionally, our attorneys review existing employment policies and conduct risk assessment to determine required modification of policies and procedures and ensure compliance with federal and state law.  Through regular consultation with our clients we make recommendations for employer best practices in the workplace.

Our attorneys conduct independent investigations of allegations of inappropriate employee behavior in the workplace, including discrimination, harassment and retaliation.  We also conduct equal employment opportunity, sexual harassment and other anti-discrimination training for human resource staff, management, and employees to provide them with an understanding of workplace policies and procedures, increase management skills and encourage compliance with the applicable human rights laws.

Employment Contracts and Severance Agreements

Our employment attorneys are experienced in drafting employment agreements for employees such as senior managers and executives. These agreements deal with issues such as, compensation, benefits, termination, confidentiality, trade-secrets, non-competition and post-employment restrictive covenants. We work with our clients in order to understand their needs and adequately protect their interests in entering into employment relationships.

We routinely advise employers in negotiations involving an employee’s separation from employment and prepare severance agreements outlining the post-employment relationship, including, a full release of any claims against the employer.  We also counsel employers in connection with reductions in force to ensure compliance with applicable federal and state law.

Our attorneys litigate claims involving wrongful discharge and employee breach of restrictive covenants, such as non-compete and non-solicit agreements, as well as breach of confidentiality and theft of trade secrets in federal and state courts.

Landlord/Tenant Litigation

Do you need to evict a tenant? Is your landlord seeking to evict you? At Ficara & Associates, we have assisted hundreds of commercial and residential landlords and tenants in special proceedings in Landlord/Tenant Courts throughout Long Island and the City of New York.

Bankruptcy and Debtor/Creditor Rights

Ficara & Associates, P.C. offers bankruptcy and debtor and creditor rights services to our clients. Over the years, our attorneys have helped many people obtain debt relief, collect a debt or enforce a judgment. If you are struggling with your finances, our attorneys can assist you and discuss your options including, but not limited to, Bankruptcy Chapter 7 or Chapter 13, avoiding foreclosure, the differences between dischargeable and nondischargeable debt, creditor harassment, what assets you can retain in bankruptcy, and rebuilding your credit after bankruptcy. Additionally, if you are owed money, our attorneys will work tirelessly to assist you in collecting the debt.

Matrimonial and Family Law

Whether you or your spouse are considering a divorce or if your spouse has already filed for divorce, our skilled matrimonial attorneys are available to insure that your legal and financial rights, and those of your children, are fully protected. Our attorneys also routinely assist in assisting clients in collecting spousal maintenance and child support arrears. At Ficara & Associates, we want you to be fully informed before you make a decision and, as such, we offer a free consultation to prospective Matrimonial and Family Law clients.

Divorce Mediation

Do either you or your spouse (or both of you) want a divorce? Why waste thousands of dollars on high-priced divorce attorneys? Why waste years of litigating, arguing and waiting for your case to make its way through a “cluttered” court system? Ficara & Associates, P.C. offers you the opportunity to engage in a divorce mediation, which will undoubtedly lead to a divorce, at less cost, less time and with less stress and aggravation than the traditional road of two attorneys and the Supreme Court of the State of New York, where you are just another client to your attorney and another Index Number to a Judge.

Couples who are about to separate and divorce are faced with extremely tough choices and difficult decisions – both emotional and financial. For example: How are they each going to remain active and influential in their children’s lives? How will each of them “survive” financially and what, if any, financial obligation does one of them have to the other, as well as their children? What happens to the marital residence and other jointly owned property?

Even though our law firm represents clients in both contested and uncontested divorces, at Ficara & Associates, P.C. we believe that in many circumstances the better, more cost-effective road is to sit down together, with the assistance of one of our highly skilled mediators (who is also a licensed attorney), and, in good faith, navigate through these issues with one another, rather than go to war in the court system. If spouses elect to battle it out in court, not only will the financial cost to each increase drastically but so will the emotional toll on each spouse.

On the other hand, if the couple sits down and attempts to address these problems in a meaningful, good faith manner, not only will the couple benefit, but the children, if any, will benefit directly as well. The goal of mediation is to navigate through this time of emotional and financial turmoil, tackle the issues at hand and conclude the mediation with an agreement each spouse will feel is not only fair, just and equitable, but an agreement they can live with as they each move on with their lives.

If you believe divorce mediation is the right road for you and your spouse, please feel free to contact us for a free consultation. We look forward to being of assistance to you during this extremely difficult time in your life.

Corporate

Over the years, the attorneys of Ficara & Associates, P.C., in their respective capacities and during the course of their years of practice, have accumulated experience in providing general corporate counsel to companies of varying sizes and economic circumstances. The general corporate services Ficara & Associates, P.C. offers are as follows:

Starting Up a Corporation, Partnership, or an LLC?:

Our attorneys can prepare corporate documents to establish and form, on your behalf, corporations, partnerships, limited liability companies, limited liability partnerships, professional limited liability companies, professional limited liability partnerships, professional corporations, and such other entities permitted under the applicable State corporate law.

Drafting Corporate Documents & Agreements:

Whether you are entering into a partnership with one or more colleagues or have been doing business for years, our attorneys can prepare corporate documents and agreements (e.g. partnership agreements, profit sharing agreements) that will set forth the mutually agreed upon terms of your professional relationships. There is great benefit in having a well drafted document that sets forth your respective rights, duties and obligations. Such documents and agreements can save you money in the long term by avoiding unnecessary litigation and battles in the future.  Selling or buying an interest in a business/corporate entity requires significant diligence and strong attention to detail. Ficara & Associates, P.C. offers top quality corporate representation and will provide you with effective counsel to ensure your best interest and success are put at the forefront of all corporate matters.

Business Contracts:

Every business either prepares or enters into contracts on a regular basis. No business contract is unimportant or unworthy of an attorney’s review. Effective attorneys help you plan for the unexpected and prepare you for unfortunate circumstances that could occur in the future. Whether you are running a simple landscaping company, a home improvement business, pool company, advertising company, catering hall, or any other booming sales business, you should give strong consideration to engaging Ficara & Associates, P.C. to provide you with an effective set of business contracts to serve your particular business’ needs. Our attorneys will tailor and customize all contracts to fit your specific business enterprise.

Wills, Trusts & Estates

Our attorneys are experienced in preparing Wills, Living Wills, Powers of Attorney and Health Care Proxies for a broad range of clients. The following is a brief description of some of the key features of this practice area:

Wills
Although technically a will can be drafted without the assistance of an attorney, it is common knowledge that doing so would be extremely unwise. Due to the complexity and intricacies involved in such a process, it behooves anyone to employ the assistance of a skilled attorney who is familiar with all of the technicalities and nuances involved in drafting such an important document. Courts construe wills in an extremely strict manner such that failure to adhere to the proper requirements can jeopardize a will’s validity. This can put the financial futures of a person’s loved ones at grave risk. Utilizing our legal skill and expertise in draftsmanship, we work with our clients to ensure that their wishes are carried out for the benefit of their loved ones in the manner intended.

Living Wills
A living will is an instrument by which a person directs that his or her life not be artificially prolonged by extraordinary measures when there is no reasonable expectation of recovery from extreme disability. Such a document is typically signed with the same formalities used in signing a will. In New York State, the term used for such a document is called a do-not-resuscitate (DNR) order. Under Article 29B of the New York State Public Health Law, such an order can be given by someone acting on a person’s behalf where it is determined that: (1) the patient has a terminal condition; (2) the patient is permanently unconscious; (3) resuscitation would be medically futile; or (4) resuscitation would impose an extraordinary burden on the patient in light of the patient’s medical condition and the expected outcome of resuscitation for the patient. (Section 2965(3)).

Powers of Attorney/Healthare Proxies
A power of attorney is a document that grants a person the authority to act as an agent for somebody else (the "principal" or "grantor"). This power can range from broad to specific and allows the agent to make various business decisions for the principal.

A springing power of attorney is one that becomes effective only when needed, at some future date or upon some future occurrence; usually upon the principal’s incapacity (this is also known as a "springing durable power of attorney").

A durable power of attorney is one that remains in effect during the grantor’s incompetency and even after the grantor is no longer incapacitated.

A health care proxy is a document that takes effect upon a principal’s incompetency and designates a surrogate decision-maker to decide upon healthcare matters for the principal. This is governed by Article 29C of the New York State Public Health Law and it is required that such a proxy be signed before 2 witnesses who are at least 18 years of age.