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.

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.

Litigation

Ficara & Asssociates, P.C. offers our clients comprehensive, skilled litigation representation, whether they are faced with pending litigation or in need of counsel in anticipation of a potential dispute. 

Our attorneys are adept in handling the complex legal issues related to contract disputes, real estate litigation matters, commercial litigation matters and personal injury cases.  Our litigation attorneys work in concert with our transactional attorneys to anticipate and resolve potential problems before they arise. 

The litigation group of Ficara & Associates, P.C. is committed to meeting our clients’ goals and needs every step of the way.  

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.