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MORE LAW ON PETS
New York law defines a “dangerous dog” as any dog that without justification, attacks a person, companion animal, farm animal or domestic animal and causes physical injury or death, or behaves in a...
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GENETIC TESTING AND PATERNITY ISSUES
MATTER OF RYAN ME v. SHELBY S., 191 AD 3d 1315 - (4th Dept. 2021):"...It is well established that "the existence of a valid acknowledgment of paternity does not bar a claim of paternity by one who is...
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MORE ON "BAD NEIGHBORS" - THE HIGH COST OF LITIGATING WITH THE RICH AND FAMOUS
Theroux v. RESNICOW, 2021 NY Slip Op 21146 - NY: Supreme Court May 27, 2021"Pryor Cashman LLP, New York, NY (Bryan T. Mohler of counsel), for plaintiff.Peter M. Levine, Esq., New York, NY, for...
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WHEN SEEKING DISCOVERY AND THE LITIGANT IS AN ATTORNEY
Yesterday I posted an earlier decision on this matter which also had a prior discovery issue on expert witnesses. This matter addresses the issue of privileged emails.Theroux v Resnicow 2021 NY Slip Op...
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WAS THIS A LANDLORD ATTEMPT TO EVICT?
Covid has hit landlords as well as tenants.Tremada 201 E. 17th St. LLC v. Korn, Date filed: 2021-06-28, Court: Supreme Court, New York, Judge: Justice Frank Nervo, Case Number: 150190/2021:"Plaintiff...
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LITIGATING LANDLORD TENANT DISPUTE IN SUPREME COURT
25-86 41st St. LLC v. Chong, Date filed: 2021-07-09, Court: Supreme Court, Queens, Judge: Justice Robert McDonald, Case Number: 704854/2021:"Plaintiff commenced this action by filing a summons and...
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POOR JOB PERFORMANCE OR DISCRIMINATION?
BASELICE v. ASTRAZENECA LP, No. 19-CV-4931 (JPO), United States District Court, S.D. New York, July 8, 2021:"OPINION AND ORDERJ. PAUL OETKEN, District Judge.Plaintiff Mary Baselice brings this case...
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EVERY THURSDAY - LIVE NY COURT "SPECIAL TERM"
The NYS Academy of Trial Lawyers announced the premiere of "Special Term," a live stream of virtual court proceedings, which started Thursday, July 15, 2021, featuring civil motion arguments from the...
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DEATH AND DIVORCE
Robert Woodruff Anderson wrote in the play I Never Sang for My Father that “Death ends a life, but it does not end a relationship, which struggles on in the survivor’s mind toward some final...
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CHILD CUSTODY - RELOCATION PERMITTED WITHOUT HEARING AND THE "SUBURBAN FACTOR"
H.K. v. R.C., Date filed: 2021-07-15, Court: Supreme Court, New York, Judge: Justice Matthew Cooper, Case Number: 305890/13:"In the wake of the COVID-19 pandemic, there has been a marked return to a...
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EMAILS AND STIPULATIONS
This case was also reported in today's NYLJ.MATTER OF PHILADELPHIA INS. INDEM. CO. v. Kendall, 2021 NY Slip Op 4284 - NY: Appellate Div., 1st Dept. 2021""CPLR 2104, entitled "Stipulations," reads in...
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WHEN AN ATTORNEY DIES OR IS OTHERWISE DISABLED DURING LITIGATION
There are certain protections given under CPLR 321 (c) but these can be waived.WELLS FARGO BANK, NA v. KURIAN, 2021 NY Slip Op 4509 - NY: Appellate Div., 2nd Dept. July 21, 2021:"....There are times in...
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WHAT IS A CONSENT TO SERVICE FOR JURISDICTION PURPOSES
NEW YORK DANGEROUS LLC v. LIBROT, 2021 NY Slip Op 50584 - NY: Supreme Court June 24, 2021:"Plaintiffs served Librot with the summons in this action by e-filing the summons on the New York courts'...
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A ROSE BY ANY OTHER NAME...
The child or "infant" in this case is approximately 14 years old and the mother wants to change the last name from father's to mother's.Matter of A. Sve, Date filed: 2021-07-21, Court: Civil Court,...
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NEW YORK HERO ACT
This is from an email by Accu Data Workforce Solutions in Hicksville, NY:On May 5, 2021, Governor Cuomo signed the New York Health and Essential Rights Act (“NY HERO Act”), a first-of-its kind law...
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COVID, COLLEGE AND CONTRACTS
Perhaps going forward, colleges and universities will revise their catalogs to clear up any ambiguity regarding online and in person classes. In any event, the discussion about "educational...
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HELP WITH RENT AND UTILITIES FOR ALL JURISDICTIONS
While the CDC did issue a new eviction moratorium on August 3, 2021, the Consumer Financial Protection Bureau (CFPB) debuted a new tool that helps renters and landlords look up rental assistance in...
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VAGUE ALLEGATIONS IN CHILD SUPPORT ENFORCEMENT
Matter of Lisa S.-G. v. Lawrence S. Jr., Date filed: 2021-07-02, Court: Family Court, Nassau, Judge: Support Magistrate Sondra Toscano, Case Number: F-07444-20/20A:"DECISION AND ORDER The parties are...
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