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MEDICAL MARIJUANA AND THE WORKPLACE
Gordon v. Consolidated Edison, Inc., 2021 NY Slip Op 492 - NY: Appellate Div., 1st Dept. January 28, 2021:"The record shows that plaintiff worked for defendant as a financial analyst. Plaintiff...
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THE NEIGHBOR'S BRIGHT LIGHT
So if you neighbor installs a very bright spot light that stays on all night long and shines on your bedroom window, is there a remedy?Not many. In 2011, the International Dark-Sky Association and the...
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THE "DE FACTO CORPORATION" DOCTRINE
Torto Note Member, LLC v Babad, 2021 NY Slip Op 01438, Decided on March 10, 2021, Appellate Division, Second Department:"....The appellants also failed to raise a triable issue of fact as to whether...
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MORE NOISY NEIGHBORS
The court's suggestion at the end of the opinion is most noteworthy and I have highlighted it.CID ASSOC., LLC v. ALMAAS, 2021 NY Slip Op 30669 - NY: Supreme Court March 5, 2021:"This action, which was...
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ANY REMEDY WHEN CONDO BOARD REFUSES TO APPROVE SALE?
Tumayeva v. Ocean Condo. No. Two, NYLJ March 18, 2021, Date filed: 2021-02-05, Court: Supreme Court, Kings, Judge: Justice Debra Silber, Case Number: 515695/2020:"In this action, commenced by a...
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PET DEEMED TO BE PROPERTY FOR MALPRACTICE CLAIM
Plaintiffs commenced this action alleging that the Defendants breached the appropriate standards of veterinary care in the treatment of their cat and sought to recover compensatory damages incurred for...
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ALTERNATIVE DISPUTE RESOLUTION SERVICES AVAILABLE
From http://jmpattorney.blogspot.com/
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USURY AND THE FUNERAL CONTRACT
In this case, although a note existed which on its face was usurious, it was not a loan but part of a contract for services.MATTER OF THOMPSON, 2021 NY Slip Op 50205 - NY: Surrogate's Court, Erie March...
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THE STANDARD MODEL RELEASE IN ISSUE
A standard model release, with respect to stock images, etc., may provide: "For valuable consideration, I hereby irrevocably consent to and authorize the use and reproduction by you, or...
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DIVORCE & MOTIONS & EVIDENCE: CONCLUSORY ALLEGATIONS DON'T WORK
We all know that the matrimonial disputes can get very emotional but if litigants are going to be make motions, whether pre-judgment or post, the rules of evidence still apply.Battinelli v Battinelli,...
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CAR DAMAGED OR LOST AFTER GARAGE PARKING?
A pet peeve of many (and not just in NYC) when your car is returned scratched or dented and a major headache if it was not returned but stolen. Of course, General Obligations Law 325 provides:"1. No...
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WHEN DRAFTING A MOTION FOR SUMMARY JUDGMENT....
....remember that the rules of evidence still apply. The procedures to lay a foundation that apply to a trial also apply to the motion and appellate courts are addressing this especially in...
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THE "RELATION BACK" DOCTRINE AND AMENDED PLEADINGS
CPLR 203 (f) provides: "(f) Claim in amended pleading. A claim asserted in an amended pleading is deemed to have been interposed at the time the claims in the original pleading were interposed, unless...
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CDC MORATORIUM TO JUNE 30
The new CDC moratorium to June 30 on evictions can be viewed here: https://www.cdc.gov/coronavirus/2019-ncov/more/pdf/CDC-Eviction-Moratorium-03292021.pdf From http://jmpattorney.blogspot.com/
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LANDLORD ONLY LIABLE TO A TENANT FOR FAILURE TO ACT UPON RACIAL INCIDENTS OF...
In the spotlight again is Francis v. KINGS PARK MANOR, INC., Court of Appeals, 2nd Circuit March 25, 2021. Last year, a panel court held: "Just over fifty years ago, spurred by the assassination of Dr....
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EMANCIPATION AND CHILD SUPPORT - IS ENTERING A MILITARY ACADEMY ENTERING THE...
In contracts, especially divorce agreements, the devil is in the details.DENATALE v. DENATALE, 2021 NY Slip Op 50247 - Nassau Supreme Court January 15, 2021:"....In the case of Beekman-Ellner v....
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WORKING AND COVID 19 VACCINE
On March 12, 2021, Governor Cuomo signed legislation providing all public and private employees in New York up to four hours of paid leave per vaccine injection to obtain a COVID-19 vaccine.Is 4 hours...
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ALTERNATIVE DISPUTE RESOLUTION SERVICES AVAILABLE
From http://jmpattorney.blogspot.com/
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THE VIRTUAL EVIDENCE COURTROOM
The Virtual Evidence Courtroom (VEC) has been created to allow for the submission of evidence electronically in NYSCEF cases for virtual and hybrid trial settings Currently, the VEC functionality is...
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