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PIERCING THE CORPORATE VEIL
WEST HOUSTON PROP., LLC v. NEW YORK PILATES NYC, LLC, 2021 NY Slip Op 32150 - NY: Supreme Court October 21, 2021:"The plaintiff landlord in this breach of contract action seeks to recover unpaid rent...
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CHILD CUSTODY AND COVID - HOME SCHOOL OR PUBLIC SCHOOL
DRD v. JDD, 2021 NY Slip Op 21300 - NY: Supreme Court, Monroe 2021;"In this matter, the Court must decide, in a contested divorce action, whether to issue a temporary order requiring the children to...
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AMAZON LIABILITY FOR THIRD PARTY DEFECTIVE PRODUCTS IS LIMITED...CURRENTLY
Wallace v. TRI-STATE ASSEMBLY, LLC, 2021 NY Slip Op 6664 - NY: Appellate Div., 1st Dept. 2021:"Plaintiff sustained injuries when the handlebars of an electric bicycle his father purchased for him...
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HOMEOWNERS AT RISK - APPLICATIONS BEGIN JANUARY 3
"The New York State Homeowner Assistance Fund (NYS HAF) is a federally funded program dedicated to assisting homeowners who are at risk of default, foreclosure or displacement as result of a financial...
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IDENTITY THEFT IS NOW ELDER ABUSE
Earlier this week, Governor Kathy Hochul signed legislation (S.1560/A.1994) into law to protect seniors from fraudulent use of personal information by authorizing support services on identity theft...
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REMOTE DEPOSITIONS IN COMMERCIAL DIVISION CASES EFFECTIVE DECEMBER 15
Commercial Division Rule 37: Remote Depositions - the Commercial Division of the New York state court system has adopted a rule that allows parties to consent to video-conferenced remote depositions...
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NEIGHBOR DISPUTES - TREE DAMAGE
Zaremba v. Stanco, Date filed: 2021-12-02, Court: District Court, Nassau, Judge: Judge Gary Carlton, Case Number: SC-000516/21OB:"The Plaintiffs have brought this action for the property damage and...
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NEGLECT CASE AND THE NON-RESPONDENT PARENT
Matter of John A. v. Jane A., Date filed: 2021-12-02, Court: Family Court, Clinton, Judge: Judge Timothy LawlissDECISION On April 30, 2021, Respondent Jane A. gave birth to a boy named John. On that...
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A BILL NOT YET SIGNED - CO-OPS AND THE 2019 ACT
Does the 2019 Housing Stability Act apply to co-op leases? And what about when a co-op owner subleases his unit with Board approval?Although this bill was passed by both the New York State Assembly and...
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CONSEQUENCES OF DELAY TACTICS IN DIVORCE
EMMANUEL D. v. XIMENA D., 2021 NY Slip Op 50975 - Kings Co. Supreme Court October 12, 2021:"JEFFREY S. SUNSHINE, J.The parties were married on February 21, 2017. Plaintiff commenced this action for...
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NEW RULES ON DEBT COLLECTION
The Consumer Financial Protection Bureau (CFPB) issued “rules” effective on November 30, 2021 that clarify and interpret the federal Fair Debt Collection Practices Act (FDCPA). Under these rules, a...
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WHEN RELIGION AND LIFESTYLE CONFLICT IN DIVORCE
Weichman v. Weichman, 2021 NY Slip Op 6211 - NY: Appellate Div., 2nd Dept. 2021:"DECISION & ORDERORDERED that the interlocutory judgment is modified, on the law, by deleting the provision thereof...
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EVIDENCE - NOT TAKING JUDICIAL NOTICE
WYTHE BERRY FEE OWNER LLC v. WYTHE BERRY LLC, 2021 NY Slip Op 51140 - NY: Supreme Court 2021:"The first issue is whether this Court may take judicial notice of loan documents recorded on ACRIS. "To be...
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EMPLOYEE ELECTRONIC MONITORING
Starting May 2022, Civil Rights Law Section 52-a is effective. It provides that any employer who monitors or otherwise intercepts electronic mail or transmissions by an employee shall give prior...
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CHILD SUPPORT ARREARS - WHEN SEEKING TO CAP
MATTER OF TONER v. SURLIS, 191 AD 3d 992 - NY: Appellate Div., 2nd Dept. 2021:"The father and the mother, who have one child, were divorced in December 2006. The father's child support obligation was...
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RPAPL 1304 STRICT COMPLIANCE - COURT OF APPEALS DECISION WITH DISSENT
Bank of Am., NA v. Kessler, 2021 NY Slip Op 6979 - NY: Appellate Div., 2nd Dept. December 15, 2021:"DUFFY, J.This appeal requires this Court to address the issue of how exacting the requirement of...
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