AN UPDATE ON ERAP
"Important Update on ERAPFederal funding provided to New York State for the Emergency Rental Assistance Program is almost fully committed to eligible New Yorkers who applied. While applications are...
View ArticleA PRIVATE DISPUTE IS NOT A PUBLIC WRONG
General Business Law 349 provides that deceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service in this state are hereby declared unlawful and...
View ArticleDIVORCE - WHEN CAN COURT ORDER SALE OF MARITAL HOME
There were two dissents.TAGLIONI v. Garcia, 2021 NY Slip Op 5936 - NY: Appellate Div., 1st Dept. 2021:"At issue on this appeal is whether the parties consented to the pendente lite sale of their...
View ArticleCAN YOU GET A DIVORCE WHEN YOU ARE ALSO MARRIED TO SOMEONE ELSE?
Well, you can get it annulled but still there will be equitable distribution. It will be interesting to see how this case plays out.ER v. JR, 2021 NY Slip Op 50993 - Nassau Co. Supreme Court October...
View ArticleRE-FORECLOSURE AND WILFUL NEGLECT
US BANK NA v. LOMUTO, 2021 NY Slip Op 5363 - NY: Appellate Div., 2nd Dept. 2021:"In January 2009, the plaintiff commenced an action to foreclose a mortgage on certain real property in Stony Point...
View ArticleVETERANS DAY
The United States Congress adopted a resolution on June 4, 1926, requesting that President Calvin Coolidge issue annual proclamations calling for the observance of November 11 with appropriate...
View ArticleNEW RULES ON TIME BARRED DEBT COLLECTION AND MORE
According to The Consumer Financial Protection Bureau (CFPB), two final rules issued under the Fair Debt Collection Practices Act (FDCPA) will take effect as planned, on November 30, 2021. And one of...
View ArticleSUPPORT FOR DISABLED CHILD TO 26
On October 8, 2021, the governor signed into law Assembly Bill A898B, Senate Bill S4467B which expands a parents’ duty to support a disabled adult child until the age of 26. Specifically, the...
View ArticleCHILD SUPPORT: THE CONSTRUCTIVE EMANCIPATION OF A COLLEGE STUDENT
Matter of Jenulis v. Ting; Date filed: 2021-09-07; Court: Family Court, Suffolk; Judge: Support Magistrate Darlene Jorif-Mangane; Case Number: F-01252-21/21A&B:"COMBINED FINDINGS OF FACT Darlene...
View ArticleBRINGING AN ACTION ANONYMOUSLY IN FEDERAL COURT
Doe v. FREYDIN, Dist. Court, SD New York 2021:"NAOMI REICE BUCHWALD, District Judge.Plaintiff Jane Doe brings this action against her former employers, Arthur Freydin, his wife Sarah McLoughlin, and...
View ArticleA NEGLECT PROCEEDING
MATTER OF BRANDON IJ v. DAISY D., 2021 NY Slip Op 5206 - NY: Appellate Div., 4th Dept. 2021:"In this proceeding pursuant to Social Services Law § 384-b, respondent mother appeals from an order that,...
View ArticleSEEKING AN ORDER OF PROTECTION POST DIVORCE
Supreme Court, Monroe County Judge Dollinger always writes an interesting decision.JF v. DF, 2021 NY Slip Op 51046 - NY: Supreme Court, Monroe 2021:"It has been said that sticks and stones may break my...
View ArticleGOOD CAUSE EVICTION RULES IN NEW YORK
Recently, Poughkeepsie became the latest New York municipality to pass good cause eviction, a measure that affords renters robust eviction protections and limits rent increases. Similar measures have...
View ArticleTHE EFFECT OF A FAILURE TO RECORD A SATISFACTION OF MORTGAGE AND SEEKING...
New York State Real Property Actions and Proceedings Law (“RPAPL”) § 1921 and New York Real Property Law (“RPL”) § 275. RPAPL § 1921 and RPL § 275 both require a mortgagee to execute a satisfaction of...
View ArticleNEW YORK WHISTLEBLOWER PROTECTION EXPANDING
On October 28, 2021, New York Governor Kathy Hochul signed this legislation enhancing the protections available to individuals who claim retaliation for reporting alleged employer wrongdoing:...
View ArticleLITIGATION OVER FUNERAL AND BURIAL
First Presbyt. Church of Monroe v Vays, 2021 NY Slip Op 06606, Decided on November 24, 2021, Appellate Division, Second Department:"The First Presbyterian Church of Monroe (hereinafter the Church) is a...
View ArticleADVERSE POSSESSION AND A MOTION TO DISMISS
Halo v Schmidt, 2021 NY Slip Op 06609, Decided on November 24, 2021, Appellate Division, Second Department:"The plaintiff and the defendant own adjacent parcels of real property in New City. In 2018,...
View ArticleA HEARING ON HARDSHIP DECLARATION
Russo v. Kiefer, 2021 NY Slip Op 21285 - NY: Newburgh Town Justice Court 2021:"On October 7, 2021, a hearing was held in reference to this summary proceeding to determine the validity of the...
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