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SEEKING ATTORNEY FEES IN FAMILY COURT CUSTODY VIOLATION
Matter of S.M. v. L.M., NYLJ| April 09, 2021, Date filed: 2021-03-19, Court: Family Court, Nassau, Judge: Judge Linda Mejias:"It is unrefuted that the Petitioner failed to comply with Article XXX of...
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A CONSEQUENCE OF FAILURE TO PAY CHILD SUPPORT
EPTL 4-1.4 provides: "a) No distributive share in the estate of a deceased child shall be allowed to a parent if the parent, while such child is under the age of twenty-one years: (1) has failed or...
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THE SURROGATE'S RIGHT TO COUNSEL
The Child-Parent Security Act (the CPSA) became effective on February 15, 2021 and can be found in Article 5-C of the Family Court Act. Section 581-402 of the CPSA, entitled "Eligibility to enter...
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ON CONSUMER CONTRACTS THAT ARE AUTOMATICALLY RENEWED
New York has intended to protect consumers from forgetting about an automatic renewal clause. For certain agreements for service, maintenance or repair to or for any real or personal property, New...
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STATUTE OF LIMITATIONS AND FORGED DEED
Plaintiffs commenced this action to quiet title to the property seeking to set aside a certain alleged fraudulent deed recorded against her property 18 years earlier.Torres v. EQUITY HOLDINGS LLC, 2021...
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CONSEQUENCE OF NOT SEEKING PROTECTIVE ORDER PROMPTLY
A delay in seeking justice can result in a denial of justice.ALROSE STEINWAY, LLC v. JASPAN SCHLESINGER, LLP, 2021 NY Slip Op 30620 - NY Co: Supreme Court March 5, 2021:"CPLR 3103 provides that "[t]he...
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MORTGAGE FORECLOSURE CLINIC TODAY
Nassau County residents who are struggling with mortgage foreclosure issues are invited to attend FREE, socially distant Mortgage Foreclosure Clinics at the Nassau County Bar Association (NCBA) in...
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HOW TO VIRTUALLY DRESS FOR COURT
Courts are beginning to open soon but still, this is last mon th's reminderFrom http://jmpattorney.blogspot.com/
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ARE NUISANCE TENANTS MORE OBJECTIONABLE IF IT IS LUXURY HOUSING?
Imagine this: you live in an apartment building in NYC and there is a tenant on a floor who refuses to wear a mask all the time, has a barking/accident prone dog who is sometimes unleashed in the...
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THE COURT OF APPEALS AND REBUTTING PRESUMPTION OF OFFICE MAILING BUSINESS...
CIT BANK NA v. Schiffman, 2021 NY Slip Op 1933 - NY: Court of Appeals March 30, 2021:"We begin with the first question concerning the showing necessary to rebut the presumption created by proof of a...
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THE CONCURRING OPINION OF THE COURT OF APPEALS AND REBUTTING PRESUMPTION OF...
CIT BANK NA v. Schiffman, 2021 NY Slip Op 1933 - NY: Court of Appeals March 30, 2021:"FAHEY, J. (concurring):The Second Circuit has certified to us a question regarding the showing required to rebut...
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HE COURT OF APPEALS AND RPAPL 1306
CIT BANK NA v. Schiffman, 2021 NY Slip Op 1933 - NY: Court of Appeals March 30, 2021:"The second certified question asks whether RPAPL 1306 requires that a lender's filing include information about all...
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PARTITION: WHEN "CO-HOUSING" GOES SOUR
They bought a house together as tenants in common. One party owned 1/3, the other 2/3 and after they closed, they divided the home into 2 units...but disputes began regarding the common areas. XING NG...
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LANDLORD AND TENANT - AN EXCEPTION TO 14 DAY RULE ON SECURITY DEPOSIT RETURNS?
Here the "return" was in 17 days.Elena v. Milo Mgmt. LLC, NYLJ April 22, 2021, Date filed: 2021-03-18, Court: City Court, Westchester, Judge: Judge Karen Best, Case Number: SC-0002-21:"On March 10,...
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THE CASE IS SETTLED - NOW WHAT?
This is more of interest to pro se defendants: pro se: Latin: "On one's own behalf." A person who represents him or herself without an attorney.You are being sued for money damages based upon breach...
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ALTERNATIVE DISPUTE RESOLUTION SERVICES AVAILABLE
From http://jmpattorney.blogspot.com/
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MORE ON "BAD NEIGHBORS" - WHAT TO DO WHEN THEY SMOKE IN THEIR APARTMENT
On August 28, 2017, New York City Mayor Bill De Blasio signed Local Law 147,1 which went into effect on August 28, 2018. Local Law 147 amended that section of the Administrative Code of the City of New...
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EVICTIONS AND FORECLOSURE MORATORIUM TO AUGUST 31
Not yet signed by the Governor, but here is the information from the NYS Senate:"BILL NUMBER: S6362ASPONSOR: KAVANAGH TITLE OF BILL:An act to amend chapter 381 of the laws of 2020 establishing...
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NOT MARRIED BUT "DIVORCED"?
Equitable distribution of the marital residence is only available to married couples but if you are not married, and there is a "cohabitive residence", other remedies may exist when there is a...
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A DIFFERENT APPROACH TO COVID AND THE COMMERCIAL NON-PAYING TENANT AND THE...
Compare this case with COVID AND THE COMMERCIAL NON-PAYING TENANT AND THE GUARANTOR267 DEV., LLC v. BROOKLYN BABIES & TODDLERS, LLC, 2021 NY Slip Op 30796 - Kings Co. Supreme Court March 15,...
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