Zachary Waksman focuses his practice on litigation matters in Boston and throughout Massachusetts, representing clients involved in a wide range of real estate, construction, and business disputes. Mr. Waksman is a detail-orientated attorney who possesses an ability to process and analyze large complex litigation files to find the facts and the legal basis necessary for the firm’s litigation clients to succeed. His brilliant legal research and writing skills also provide litigation clients with an unquestionable advantage, especially when the clients’ case depends on formulating a persuasive nuanced legal argument. Mr. Waksman started his legal career at a New York City based law firm, assisting senior counsel with a wide range of litigation matters in State and Federal Court. While in law school, Mr. Waksman was a researcher at The Rutherford Institute, a civil rights organization that represents persons throughout the United States involved in State and Federal litigation matters. Mr. Waksman was also a writer for Impunity Watch, a human rights journal and blog operated by the Syracuse University College of Law, and a student attorney in the law school’s securities arbitration and consumer clinic.
- Construction Law
- Real Estate Law
- Business Law
- Consumer Law
- Landlord Tenant
- Free Consultation
- Credit Cards Accepted
- New York
- English: Spoken, Written
- Spanish: Written
- Calabrese Law Associates, P.C.
- - Current
- Zachary A. Waksman, Attorney at Law
- Family law and estate planning attorney. Supports client firms in all aspects of trial and case development, including legal research, drafting of pleadings, briefs and motions and pre-trial discovery review. Of counsel to Demidchik Law Firm, New York, NY, assisting firm with criminal matters in Massachusetts. Retained by Kreisberg & Maitland, LLP to research procedural and factual issues in ongoing state and federal litigations including: municipal liability under §1983; admissibility of television program’s transcript as prior inconsistent statement; garnishment of city employee’s pension in civil action; due process issues with NY statute. Retained by fellow attorney to assist with fee recovery; argued the matter before NY Appellate Division in September 2015. Researched fraudulent conveyance issues for litigation in NY; drafted complaint for filing in SDNY. Drafted memoranda on several corporate finance matters including: administrative estoppel on IRS filings; applicability of NY’s judicial dissolution statute to corporate misconduct; shareholders’ rights to inspect corporate books; and statute of limitations for previously unknown facts discovered in inspection of corporate books. Provided pro bono support to South Coastal Counties Legal Services; participant in Bristol County Family & Probate Court’s Lawyer of the Day Program from 2014-16
- Student Attorney
- Securities Arbitration & Consumer Clinic
- Handled legal matters with focus on consumer law and advocacy under a professor’s guidance. Conducted research on consumer law and products liability in actions on behalf of indigent clients. Drafted complaints, interrogatory responses, and other pleadings in consumer cases to protect indigent clients from improper consumer practices. Conducted client interviews to gain understanding and determine case strategy. Laid foundation to commence products liability action against major home appliance corporation
- The Rutherford Institute
- Civil rights organization with strong focus on First and Fourth Amendment rights. Performed research on a wide range of issues for actions in state and federal courts across the US. Summarized findings in memoranda for use by staff and outside counsel. Issues included: legality of a school’s dress code; religious exemptions to photo identification requirements; private entities’ right to place limits on speech; workplace clothing as speech; potential consequences of unmanned drone use - findings were incorporated into book written by Institute’s president: John W. Whitehead, A Government of Wolves: The Emerging Police State (2013).
- Legal Assistant
- Syracuse Department of Law - Housing Department
- Hired for externship at specific request of attorneys. Drafted complaints against property owners who failed to maintain their buildings. Researched issues with legality of Syracuse Property Code, including comparison with codes of other cities in the State of New York, to create potential blueprint for improving the system.
- Legal Assistant
- Kreisberg & Maitland, LLP
- Served as fact-checker during motion preparation process in complex federal litigation. Conducted legal research to build case. Drafted and revised correspondence and pleadings for content and correctness. Hired to catalogue ~200,000 pages of discovery for complex federal litigation. Created electronic and physical organization systems for accessibility by time and topic. Remains in contact with firm for research work on several ongoing matters.
- Syracuse University College of Law
- Honors: Certificate in National Security
- Activities: Journal of International Law & Commerce: Associate Editor Impunity Watch; Assistant Community Development Coordinator; Senior Desk Officer, Middle East; Middle East Desk Reporter (two-time Reporter of the Month) Student Bar Association: Senator, 2010 to 2012
- Wesleyan University
- B.A. | Government
- Spring 2006 in Denmark
- Activities: Wesleyan Argus, 2003 to 2005 Wesleyan Jazz Orchestra
- New York State Bar # 5221825
- - Current
- New York State Bar Association # 877854
- - Current
- Massachusetts State Bar # 687912
- - Current
- Massachusetts Bar Association
- - Current
- Boston Bar Association
- - Current
- Calabrese Law Associates, P.C.
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In Massachusetts, business owners often include arbitration clauses in their contracts with customers. This is done to often the time and costs involved with litigation if a dispute raises. However, Massachusetts consumers have the right to litigate a claim for an unfair or deceptive business acts or practices in spite of a valid arbitration clause.Appealing Civil Cases - Appellate Litigation Attorney | Boston Massachusetts (MA)
Appealing civil cases to the Massachusetts Appeals Court requires that the appealing party (the "Appellant") follow precise rules of procedure. Managing Attorney Peter G. Calabrese provides insight on how to file an appeal to the Massachusetts Appeals Court and the importance of following the proper procedure.
- Q. Demanding full security deposit after 30 days of lease end
- A: I cannot give advice in this forum. However, the landlord does not appear to have followed Section 15B. It may be too soon to sue, though. What court you bring this in will depend on the size of the deposit and the damages. You should consult an attorney for assistance drafting any correspondence with the landlord and for further assessment of your claims.
- Q. I love in a 3 unit building. I live in the first floor. New tenant moved in above me and made life terrible with noise.
- A: I am somewhat confused by what you are saying here. It sounds like you want to send a letter to the tenant. That is an option. You have rights as a lessor in this building. The landlord is obligated, both by law and through your lease, to ensure that your right to quiet enjoyment of your apartment is undisturbed. You have informed the landlord of this tenant's behavior for a long time, yet it appears no action has been taken. Once the landlord is on notice, she must take steps to solve the problem and is liable for any reasonably foreseeable consequence of her failure to do so. This is true even if the issue is caused by a third party as is the case here. Failure to remedy these violations exposes the landlord to significant liability of the greater of consequential damages from the violation or three months' rent, plus the costs of any action you bring, including attorneys fees. Additionally, your lease constitutes an act of commerce conducted by the landlord. This means the landlord's failure to deal with your issue may also violate the state's consumer protection statute, which may entitle you to up to three times any damages that are found to exist. These proceedings often start with a letter to the landlord, followed by legal action if necessary. However, I cannot advise you further at this time as there is insufficient information. I strongly advise that you contact an attorney to assist you on how to proceed from here.
- Q. Should I let know a landlord that I am suing them?
- A: I cannot answer your question based on the facts you have provided. It depends in part on why you want to sue your landlord. Certain actions taken by your landlord may constitute violations of the consumer protection statute, Chapter 93A. Since you are probably renting your apartment to use as your home, such violations, if they exist, would fall under Chapter 93A, Section 9. In this context, Section 9 requires tenants to provide the landlord with notice of your claims and allow 30 days for the landlord to produce a response and an offer of settlement. After that 30 day period ends, you would be allowed to file your lawsuit. However, please be advised that what I have described to you is only a hypothetical. It is not and is not intended to be legal advice. There is not enough information. You should consult an attorney about your situation so you can be accurately and thoroughly advised about your rights, the potential damages against you, and the filing process.
- Q. I am trying find if there is a law in Massachusetts that says you cannot charge for services not rendered.
- A: Massachusetts’ consumer protection statute (Chapter 93A) forbids charging for services not rendered. The law calls this an unfair or deceptive practice. If you prove it to have happened and that you suffered damages, you will be entitled to double or treble damages plus attorneys fees. Some actions are 93A violations as a matter of law. Right now, more information is needed. Was there a contract memorializing what you were supposed to get? Were there any other issues that arose which contributed to your not receiving all of what you paid for? Delays? An attorney will be able to help you determine whether you have a viable claim.
- Q. If we sub-contract from someone in New Hampshire, is there anything we need to be aware of in terms of state law?
- A: You should make sure the subcontractor is licensed to perform the intended work in Massachusetts. If he is serving as a home improvement contractor, you should check his registration with the state. You should do the same with every contractor you plan to hire, regardless of whether it is based in Massachusetts. This information is available online through the state government.
- Q. Does every pleading need to be served in a case?
- A: I am not sure what you mean. If you are referring to Rule 7(a) of the Mass. Rules of Civil Procedure, it does not literally mean that each kind of pleading must be filed. Most civil actions will, at minimum, have a complaint and an answer to said complaint. Many defendants will file a counterclaim against the plaintiff, who must file an answer to the counterclaim; the counterclaim is not a mandatory filing. These pleadings are by far the most common. I hope this helps. Good luck.
- Q. I have a second home on Cape Cod that I live in for about four months per year. When I returned to it this year, someone
- A: Under these circumstances, he cannot do that. Adverse possession requires open, notorious, hostile, exclusive and continuous actual possession of the property for a period of at least twenty years. Since you occupy the home for several months per year, and likely have done so for several years, these conditions cannot be met. Has this ever happened before or have you ever met this person before? That said, it appears that simply asking nicely will not be enough to get this trespasser out of your home. More information may be necessary before you will be able to start the removal process
- Q. My husbnd died , he has his friends name on the house that we bought for more ten years ago.How do I take friends nameof
- A: It depends on how your husband's friend's name is "on the house". I am assuming that there is both a deed and a mortgage on the house. There is no "one size fits all" for documents related to ownership and loans related to real property such as a house. Deeds and mortgages have different procedures for changing the identities of the responsible parties. An attorney will be able to help you accomplish your goals. Good luck.