An Introductory Letter From Mario Biaggi, Jr.

Thank you for the opportunity to introduce myself and my firm. With over 25 years of experience as a seasoned litigator and trial attorney, I welcome your referrals to assist in litigation matters you may not handle. Whether it is working with one of my own clients or a client that has been referred to us, I make the same commitment.

For me, practicing law is about striving for excellence. You may not always achieve it but in striving for it, you inevitably enhance the quality of your work. That philosophy, as much as any other, has enabled me to help the people who come into my office looking for a trial attorney on a wide range of matters, including personal injury, civil rights, commercial litigation, employment law, probate and estate litigation, real estate litigation, among others.

I have tried cases throughout the New York Metropolitan area in both state and federal courts, including the Supreme Court of the Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk and Westchester Counties, as well as in the Eastern and Southern Districts of Federal Court. In addition, I have argued numerous appeals in the Appellate Division, First and Second Departments, the Federal Court's Second Circuit of Appeals, and the New York State Court of Appeals.

Please Click Here to download our Firm Overview, featuring testimonials and results on behalf of our clients. Please look upon me as a resource to you during the course of litigation. I would be happy to discuss appropriate fee sharing arrangements and the potential for referrals to your practice.

Sincerely,

Mario Biaggi, Jr.

Come Join Us On September 26th

It’s been an exciting year for the new state senator from the 34th State Senate district. After defeating a long term incumbent who spent unprecedented sums of money in an unsuccessful attempt to keep his seat, Alessandra became an intricate part of a prolific legislative session that included her playing a key role as the sponsor of Senate Bill S6577 which was recently signed into law by the Governor.

This important piece of legislation expands protections against sexual harassment and discrimination, and holds New York employers, agencies, and organizations liable for all forms of workplace sexual harassment and discrimination. After holding the first public hearings on the issue in 27 years and months of advocacy, she successfully saw the passage of what is being hailed as a major victory for survivors and workers across the state.

But there is much work to be done and with that in mind, please join her father Richard and I in a fundraiser for her on Thursday September 26th at Maestros in the Bronx. It would be great if we could see you there or, if you can't attend, perhaps you could make a contribution.

Please click the invitation above if you want to donate online or you can click and print the attached reply card below and mail a check.

All the very best for a healthy and happy remaining summer season.

Click Here To Print and Mail RSVP

Sincerely,

Mario Biaggi Jr.

212-233-8000

CONTESTING A WILL IN NEW YORK

It is amazing and sometimes just simply unfortunate what people will do for money. And when it comes to estates, particularly estates of substance, that concept can be particularly relevant. My office was involved in one estate litigation in which a decedent's heir tore up the decedent’s will because she correctly believed that she would have received more of the decedent’s assets under New York State’s intestacy laws.

When a person dies without having a valid will, a decedent’s property passes to his or her heirs in a certain statutorily defined manner pursuant to what is called “intestate succession”.

Unbeknownst to the heir, however, the decedent had executed a subsequent will and it was that will which became the subject of a heated will contest litigation.

In New York the five grounds for contesting a will are as follows:

Improper Execution of the Will: When the people involved in the will’s execution do not follow New York’s formal requirements concerning will execution.

Forgery: When the signature on the will is proven not to be that of the testator.

Lack of Testamentary Capacity: When the decedent does not have the mental capacity at the time he or she executed the will to understand what they owned, who their relatives and friends were and/or what was in their will.

Fraud: When the decedent signs his will after being mislead about what is in the will or certain relevant circumstances outside of the will.

Undue Influence: When the decedent is manipulated generally by someone who they trust into making a will for that person’s benefit.

As you might suspect, these objections are far more involved than the brief reference made to them herein. And so, if you ever find yourself in need of either challenging or defending a challenge to a will, please contact our offices to discuss these and other relevant issues in more detail.

In the meantime, please remember to keep your will and a copy of it in a safe place and advise your executors named in the will where that is.

Sincerely,

Mario Biaggi Jr.

212-233-8000