RELEVANT EXPERIENCE:
 While The Proskin Law Firm has a great deal of experience
handling a wide variety of issues and legal matters, the firm
has a particular expertise in the matters within the Capital
Region.
Following is a brief recap of some of the relevant experience of
the firm and its attorneys:
• Arnold Proskin is presently an acting Supreme Court and Family
Court Judge (on per diem assigned basis) in the Third and Fourth
Judicial Districts.
• The firm recently represented The Verdoy Fire District in a
$1.8 million dispute involving zoning and purchase of property
prior to construction. The firm worked closely with the Town of
Colonie to resolve problems – in all aspects of planning, zoning
and taxes, including the construction of a $4.7 million
structure utilizing negotiation rather than litigation. The firm
continues to represent the district in all legal matters and
advises the Board of Fire Commissioners.
• The firm has also represented several fire districts in the
resolution of problems with emergency services agreements and
resolved the issues short of litigation.
• The firm also represents the Maplewood Fire Department and has
assisted the Department in resolving various matters with the
Town of Colonie over the years. The Department is currently in
the process of purchasing land, which will involve further
issues with the Town of Colonie.
• The firm has provided representation to the South Bethlehem
Ambulance District; (Town of Bethlehem); Coxsackie Ambulance
District (Village of Coxsackie); and Delmar Fire Department
(Town of Bethlehem) in similar matters with their respective
Towns.
• Working on behalf of the West Albany Rod & Gun Club, The
Proskin Law Firm has represented the Club in various disputes within the Town of Colonie.
• Additionally, the firm has represented the West Albany Italian-American Benevolent Society and helped them resolve various
issues and problems with Town of Colonie.
 • On behalf of St. Francis de Sales Roman Catholic Church
(Colonie), the firm resolved planning, zoning and related
problems regarding purchase of land and construction of new
premises.
• The firm has a longstanding relationship with the Colonie Area
Chamber of Commerce. The Chamber represents the Town of Colonie
business community and as appointed counsel for the last 24
years, Arnold Proskin has worked with the Town toward resolution
of various problems within the business community. Lisa Proskin
served as the Chairman of the Board of Directors, and served on the Board of Directors for seven years. As
Chairman, she represented the business community in all matters,
including resent comprehensive planning issues. As
Chair-elect, she played an active role in mobilizing the Chamber
in the issue of the building moratorium.
• Ms. Proskin served on Zoning Board of Appeals for the Town of
Clifton Park, (New York) from 1997 – 1998. During this period,
the Town was first attempting to balance growth in the
community. She has, over her years in practice, handled many
matters involving planning, zoning and tax problems for clients
and has addressed the issues from both sides.
• Additionally, both Jeffry Hines and Marc Greenwald have
experience in taxation matters as well as zoning and
construction.
• The firm handles criminal matters in all courts
throughout New York State.
• Arnold Proskin served as a local expert commentator for
the Porco trial for the local Fox affiliate WXXA. He has
appeared on all of the local television stations to provide
commentary.
• The firm has expertise in civil matters ranging from car
accidents, to falls, to product liability.
• The firm handles real estate matters large and small.
In the past, it has been the closing attorney for several
national leaders.
• The firm handles all aspects of estate planning and
regularly appears for all matters in the local Surrogate's
Courts.
• The lawyers in the office regularly appear in the Court
of Claims, representing clients against the State of New York,
the Supreme Court and in all Federal Courts and Appellate
Courts.
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Legal News and Notes
Articles
Slipping Our Way
Through Winter
By Lisa Anne Proskin, Esq.*
As I write this, the snow is coming down…again. That is just one
of the things we have plenty of living in Upstate New York. With
the ice and snow also come slips and falls. Sometimes these
falls and injuries can be avoided and, when that is the case,
there may be some recovery available for the injured party.
Often, an accident is just an accident, but other times, someone
is at fault.
New York State allows the owner of the property, be it a
municipality, a company or an individual, time to remove the
snow and ice accumulation before they are liable. This means
that if one is injured DURING the snow storm, and there was not
sufficient time to remove the snow, there may not be any
liability on the part of the owner. In other words, if someone
falls on ice and snow in a parking lot, but there was a “storm
in progress”, it may just be considered an accident by the
Courts without an assignment of liability.
In the event that the storm has passed, the owner of the
property is typically responsible for the snow and ice removal.
The snow should be removed, ice salted and property cleared as
soon as reasonably possible. The case law is clear that this
does not mean immediately and no actual time line is spelled
out. Instead, the property is required to be cleared as soon as
is considered reasonable. In most situations, the owner of
property needs to keep its property safe from snow and other
dangers, but in others, it can be a tenant or some other person
who is responsible. The failure to do this removal leaves the
owner or others responsible for the injuries that people incur
on that property.
Besides keeping property clear of snow and ice accumulation, the
other thing that owners and other responsible parties should do
is maintain insurance for any injuries that occur on the
premises. Homeowner’s insurance or the equivalent property
insurance should cover the defense of any of these claims for
injuries and any damages awarded, up to the amount of the
coverage. If the insurance is maintained then if an injury does
happen then the owner simply turns the matter over to the
insurance company for the proper handling of the matter.
In the event that you have other questions concerning
maintenance of property or what to do in the event of injury,
please feel free to contact me or another attorney to learn more
about your rights and obligations.
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