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ESCROW AGENTS - BREACH OF FIDUCIARY DUTY OR BREACH OF CONTRACT
Sometimes the most neglected clause in a contract is the provisions regarding amounts held in escrow because usually the escrow agent is a third party or an attorney for one of the contracting parties....
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ON PARTITIONS AND CONSTRUCTIVE TRUSTS
Parker v. Parker, 2021 NY Slip Op 50489 - NY: Appellate Term, 2nd Dept. May 21, 2021:"Plaintiff commenced this action in Supreme Court, Kings County, in October 2014 against her sister for partition of...
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MORE ON "BAD NEIGHBORS" - WHAT TO DO WITH CONSTRUCTION NOISE
This noise case also illustrates the need to gather proper evidence and the high cost of litigation. Mere allegations will not always suffice and documents and experts can be needed to establish...
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ALTERNATIVE DISPUTE RESOLUTION SERVICES AVAILABLE
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APPLICATION FOR ARTICLE 17-A GUARDIANSHIP DENIED
Matter of Chaim G., 2021 NY Slip Op 50533(U), Decided on May 14, 2021, Surrogate's Court, Kings County, Lopez Torres, J:"Before the court is a guardianship proceeding pursuant to Article 17-A of the...
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ERAP APPLICATIONS FOR TOWN OF HEMPSTEAD LANDLORDS/TENANTS
The Town of Hempstead is administering Emergency Rental Assistance Program (ERAP) applications on its web site for landlords and residents in the Town of Hempstead and their program does not have the...
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FOR WHOM THE STATUTE TOLLS
The difference between a toll and a suspension is explained here.Brash v. Richards, 2021 NY Slip Op 3436 - NY: Appellate Div., 2nd Dept. June 2, 2021:"The respondent Neil M. Richards moves, and the...
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HARASSING A TENANT WITH UNFOUNDED CHILD ABUSE COMPLAINTS
If ACS finds that there is no believable evidence that the abuse report is true, it will mark the report as “unfounded”. The report will be kept at the New York State Central Register (SCR) but it will...
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FRUSTRATION OF PURPOSE IS AN ISSUE OF FACT IN PLENARY ACTION FOR RENT
C&B Realty #3 LLC v. Sunstar Salon Svcs., Date filed: 2021-05-18, Court: Supreme Court, Nassau, Judge: Justice James McCormack, Case Number: 613285/2020""Plaintiff, C&B Realty #3, LLC (C&B)...
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A CUSTODY TRIAL IN FAMILY COURT
Mireille M.R. v. Albert R., Date filed: 2021-06-07, Court: Family Court, Kings, Judge: Judge Javier Vargas, Case Number: 268765:"DECISION & ORDER Upon the foregoing papers, the evidentiary virtual...
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WHEN SETTLING A NEW YORK DISCRIMINATION/HARASSMENT CLAIM WITH CONFIDENTIALITY...
It is a two-stage process. New York General Obligations Law § 5-336 provides:"1. (a) Notwithstanding any other law to the contrary, no employer, its officers or employees shall have the authority to...
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INDEPENDENT CONTRACTORS AND FAIR LABOR STANDARDS ACT
The minimum wage and overtime pay requirements of the Fair Labor Standards Employment Act (FLSA) apply only to employees. Courts distinguish between employees, who fall under the protections of the...
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CHILD CUSTODY - THE EFFECT OF INCOME DISPARITY AND CHILD PREFERENCES
And note the last paragraph and footnote...IMHO, this is a well written decision, demonstrating the empathy which is a hallmark of Judge Sunshine.VL v. DL, 2021 NY Slip Op 50502 - King Co. Supreme...
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ACCESS TO LOCAL LAWS, REGULATIONS & CODES - NASSAU COUNTY
Before the internet digital world existed, it could be an exhausting day of research to ascertain various provisions of a county's local laws and rules, etc.But today, it is just a click away. Here is...
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PARENTAL RESPONSIBILITY FOR ACTS OF MINOR
To many, parenting seems like it never ends but legally, certain parental responsibilities do.For example, under General Obligations Law 3-112, parents and legal guardians are responsible for the...
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COVID, CO-OPS...AND MASKS
Rush Props. v. Riveros, Date filed: 2021-06-15, Court: Supreme Court, Nassau, Judge: Justice Thomas Rademaker, Case Number: 601909/2021:"DECISION/ORDER The Plaintiff moves by Order to Show Cause for an...
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ANOTHER EMPLOYMENT DISCRIMINATION RULING FROM EDNY
Jackson v. SHERATON NEW YORK TIMES SQUARE HOTEL, No. 19-CV-4099 (AMD) (RML), Dist. Court, EDNY June 3, 2021:",,,,,Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to...
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ALTERNATIVE DISPUTE RESOLUTION SERVICES AVAILABLE
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