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MORTGAGE FORECLOSURE - BANK IS NOT A DEBT COLLECTION AGENCY
CITIBANK, NA v. Wu, 2021 NY Slip Op 4902 - NY: Appellate Div., 2nd Dept. 2021:"....The defendants contend that the foreclosing plaintiff in this case meets the foregoing definition of "debt collection...
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A "GREY" DIVORCE
According to Wikipedia, a "grey" divorce involves older ("grey-haired") couples in long-lasting marriages now seeking to terminate their marriage.Weiss v. Nelson, 2021 NY Slip Op 4573 - NY: Appellate...
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ZOOM DEPOSITIONS AND THE LAW
Today's NYLJ had an article on this issue but here is a recent case which also highlights the issue as well as concerns counsel may have when dealing with a pro se litigant.Raiser v. San Diego Cnty.,...
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EXTENDING AN ORDER OF PROTECTION
RC v. AC, 2021 NY Slip Op 21175 - Kings Co. Supreme Court 2021:"A victim of domestic violence may "commence a proceeding in either or both Family Court and Criminal Court" and "[e]ach court has the...
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THOUGHTS ON FILING ISSUES IN NASSAU COUNTY MATRIMONIALS
Forwarded to me on September 13 - thoughts from the Matrimonial Clerk's office:"1. Notices of Settlement must be noticed for the correct Court address of 400 County Seat Drive on a day the...
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ATTORNEY FEE DISPUTES
As a note: I am a Part 137 Arbitrator for over ten years and I have never encountered the situation where the attorney or firm did not appear for the arbitration. So this case did spark my...
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MATRIMONIAL - ON MAHR PROVISION IN NIKAH AGREEMENT
According to Wikipedia: "The word mahr is related to the Hebrew word and the Syriac word "mahrā", meaning “bridal gift”, which originally meant “purchase-money”. The word implies a gift given...
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MATRIMONIAL - ATTORNEY FEES AND BANKRUPTCY
Campagna Johnson Mady, P.C. v. Kalsi (In re Kalsi), 20-10330 (MG) (Bankr. S.D.N.Y. Sep. 2, 2021):"The cross-motions for summary judgment in this adversary proceeding seek a determination of...
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CAN A FOSTER PARENT SEEK VISITATION AFTER FOSTER CARE TERMINATED?
While under certain circumstances a former foster parent may seek custody, the rights of the foster parent, as a third party non-parent, are limited with respect to visitation.Matter of J.W. v. K.M...
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NEIGHBOR DISPUTES - TREE ROOTS
5 years in the court system over a $5000 claim.BENJAMINOV v. Zheng, 2021 NY Slip Op 50832 - NY: Appellate Term, 2nd Dept. 2021:"In this small claims action, commenced in December of 2016, plaintiff...
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THE ACTUAL DECISION
If you read the recent story of the Long Island man who hasn’t paid his mortgage in 23 years, here is the recent decision that was in the news.Diamond Ridge Partners LLC v. Hanspal, Date filed:...
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MORTGAGE FORECLOSURE AND CPLR 3215(g)(1)
CPLR 3215(g)(1) provides: "Except as otherwise provided with respect to specific actions, whenever application is made to the court or to the clerk, any defendant who has appeared is entitled to at...
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NEW RULES COMING ON ERAP TO ASSIST LANDLORDS
As noted on Office of Temporary and Disability Assistance website: "Recent legislation created another new program to provide rental assistance for landlords whose tenants have left their rental...
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WHEN SANCTIONS ARE IMPOSED IN DISCOVERY
According to Merriam-Webster: Definition of contumacious: stubbornly disobedient : REBELLIOUSAmbroise v Palmana Realty Corp., 2021 NY Slip Op 05018, Decided on September 22, 2021. Appellate Division,...
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COVID TREATMENTS AND THE COURT
Cammarano v. Staten Island University Hosp., Date filed: 2021-09-20, Court: Supreme Court, Richmond, Judge: Justice Ralph Porzio, Case Number: 85169/2021:"HISTORYThis action was brought by Donald James...
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PROVING FRAUD FOR AN ANNULMENT
Travis A. v. Vilma B., Date filed: 2021-09-16, Court: Appellate Division, Third Department, Case Number: 531115:"MEMORANDUM AND ORDER Appeal from a judgment of the Supreme Court (Campbell, J.), entered...
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CHILD CUSTODY IN DIVORCE - RIGHT TO COUNSEL
Brandel v Brandel, 2021 NY Slip Op 05116, Decided on September 29, 2021, Appellate Division, Second Department:"The parties were married in 2008 and have one child together, born in 2012. The plaintiff...
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