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Save date for KK Party / comment on Liability / contract retention / sub changes code / Free Webinar
September 19, 2018

    Save the date:  This years K&K annual party will be on December 14, 2018 from 6:30 to 9:30 PM at Pine Hollow Country Club, East Norwich, NY.  We are going to need a head count this year and restrict the invitation to you and guest.  invite with RSVP will be sent out soon.  Hope to see you. 
Special NoticeDate changed to 9/20.  Free Webinar on September 20, 2018 for New York businesses - sexual harassment training seminar 
    For those who haven't heard, prior to January 1, 2019  ALL NY EMPLOYERS must train all employees on Sexual Harassment.  New York DOL has put out a simple overview available here, which also contains simple sample policies -  
    The draft policies provided by the state are template and do not contain the legally required complaint form.   
    What's involved: disseminating somewhat specific paperwork, setting up reporting procedures and actually holding a training.  
    If you prefer the customized policies or for us to help with training, contact Taryn at (516) 747-6700 x. 310 or by email at  
    Join Kirschenbaum & Kirschenbaum's Employment Law Department today, September 18, 2018 at 12 to 1 PM  for a Webinar on how to train.  We also will discuss how K&K is available to train by webinar or in person on this topic.  
Register here -   
Free Webinar:  September 27, 2018. 12 to 1 PM EST.    Round table discussion on preparing your company for sale [we may get to buying considerations too].  Business brokers and consultants will join the discussion.  Mitch Reitman, Robert Shoremount, Barry Epstein and Rory Russell are our Round Table Experts.  Join us by reserving your spot:  Click here:

comment on Liability for selling equipment and programming fire alarm  from  August 31, 2018 article
    One of your best responses.  Everyone wants the easy way out, sometimes there is not one.
Panels, devices and other equipment are sold on the internet like cell phone chargers these days.  Big liability.  Often a mfg will discontinue a part or recall it, the consumer may not know about or the re seller either.  We talk a lot about legal liability, what about moral responsibility. 
What if someone is injured or killed  because of a used part or incompetent programming.  

    It should be obvious.  Do not install obsolete or equipment that has reached its end of life usefullness.

contract retention
    In todays world of electronic media, should we retain the original signature on Contracts or will a copy suffice?  In my own situation I am a subcontractor using your Subcontractor agreement with a Contractor.
Terry S

    You should retain the original or exact full copy for 6 years.  A copy will suffice.

sub changes code
    We have a customer with a who we have a signed 
K&K commercial fire All in One agreement and we monitor, service, perform annual inspections on their commercial fire alarm system. We recently were at the site and needed to access the system programming. It appears they may have hired another company to perform service and that company changed the installer code. What recourse do we have and/or what action would you recommend?

Fire All in One does not permit the subscriber to make changes to the system.  This is important for at least two reasons:
*  you are monitoring the system and need to know the zones
*  you are repairing the system if there is a service plan
    Here you have been prevented from performing your services because you need the code to do the inspection or you had a repair request and couldn't do the repair.  Your subscriber is in breach of the contract.  This would be easier if the subscriber also stopped paying you, but you didn't mention that.  You can wait for the non-payment or declare the subscriber in breach now and accelerate the balance of the contract charges. 

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
516 747 6700