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PANDEMIC AND FORCE MAJEURE AS SEEN BY THE SECOND CIRCUIT
Simply stated, according to the Second Circuit, "the COVID-19 pandemic and government shut-down orders are exactly the sort of events that fall within the force majeure clause as events "beyond [the]...
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RENT ABATEMENT - MICE & MOLD
Rogers Plaza LLC v. Sam, Date filed: 2022-03-22, Court: Civil Court, Kings, Judge: Judge Nicholas Moyne, Case Number: CV-032597-18KI:"Defendant Sam contends that the warranty of habitability was...
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IT REALLY IS A LAW
I read about this and it is true - you can be fined $500 and up if you take a selfie with a tiger, a lion, etc.Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 11, TITLE 5, SECTION 11-0538:"§...
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UPCOMING PROPOSED RULES IN FORECLOSURES?
As one attorney noted, a proposed bill which has already passed Assembly, known as the “foreclosure abuse prevention act may alter the foreclosure of a mortgage in New York State with respect to...
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DIVORCE AND THE DOG
Effective October 2021, Domestic Relations Law 236, Part B(5)(d) sub-paragraph 15:"(15) in awarding the possession of a companion animal, the court shall consider the best interest of such animal....
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LOSING CUSTODY OVER COVID VAX
MATTER OF SOPER v. Soper, 2022 NY Slip Op 2125 - NY: Appellate Div., 2nd Dept. 2022:"Andrew Soper (hereinafter the father) and Courtney Soper (hereinafter the mother) are the formerly married parents...
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ERAP AND STAYS IN HOLDOVER - ANOTHER DECISION
Barton v. Bixler, 2022 NY Slip Op 50228 - NY: Dist. Court, Suffolk County, 3rd Dist. March 30, 2022:"The petitioner landlord Joseph Barton (hereafter "landlord") commenced this summary eviction...
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SEALING MENTAL HEALTH RECORDS OF INVOLUNTARY COMMITMENT
Generally, pursuant to an application made under Mental Hygiene Law 33.14, a court may order that the petitioner's involuntary mental illness records be sealed, subject to such limitations or...
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WRONGFUL LIFE CLAIM OR DAMAGES DUE TO MALPRACTICE
Greenberg v. MONTEFIORE NEW ROCHELLE HOSPITAL, 2022 NY Slip Op 2194 - NY: Appellate Div., 1st Dept. 2022:"On a motion to dismiss for failure to state a cause of action pursuant to CPLR 3211(a)(7),...
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EFFECTIVE APRIL 30, 2022 JUDGMENT RATE
On December 31, 2021, New York Governor Hochul signed into law S5724-A which reduces the annual rate of interest on judgments arising out of a consumer debt where the defendant is a natural person from...
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MORE ON ERAP AND STAYS
Kristiansen v. SERATING, 2022 NY Slip Op 22097 - NY: Dist. Court, Suffolk County, 3rd Dist. April 7, 2022:"C. STEPHEN HACKELING, J.The Court scheduled a hearing to ascertain the applicability of any...
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ACTORS AND MANAGERS AND THE BREAKUP
Like a divorce, the breakup between talent and management can lead to litigation.Roth & Assoc. East Inc. v. Kim, Date filed: 2022-03-28, Court: Supreme Court, New York, Judge: Justice Nancy Bannon,...
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WHEN LAWYERS THROW MUD AT EACH OTHER ONLINE
Mor v. IMBESI LAW PC, 2022 NY Slip Op 30799 - NY: Supreme Court March 10, 2022:"In this action, inter alia, to recover damages for libel, defendants Imbesi Law P.C. (Imbesi Law), Vincent James Imbesi...
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MASSACHUSETTS LAW - CRA AND TRUANCY - DOES THE SCHOOL NEED AN ATTORNEY
LEXINGTON PUBLIC SCHOOLS v. KS, Mass: Supreme Judicial Court 2022:"In this case we are asked to decide whether an employee of a school district who is not an attorney, here an assistant school...
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ARBITRATION OF CONSTRUCTION DISPUTE AND MECHANICS LIEN
Tozzi v. McLoughlin Constr. Corp., Date filed: 2022-03-24, Court: Supreme Court, Suffolk, Judge: Justice Christopher Modelewski, Case Number: 615869/2021:"This is an action sounding in claims for...
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ADOPT A SIBLING?
If an unstable parent cannot maintain custody of a child, as an alternative to foster care, etc., another family member is first sought. But if the only family member was an adult sibling, may this...
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NURSING HOME DENIED GUARDIANSHIP
In this case, it appears that the POA was found after the proceeding was commenced.MATTER OF GREENFIELD, 2022 NY Slip Op 22094 - Suff. Co. Supreme Court 2022:"This matter was commenced by petitioner...
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AN ABUSE OF SERVING PROCESS?
In today's news: a celebrity is served with custody proceeding papers "while on stage in front of 4,100 people."It can be difficult to personally serve process on a party. especially with a celebrity....
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MORTGAGE FORECLOSURE - RPAPL 1304 AND DEFAULT AMOUNT
EMIGRANT BANK v. Cohen, 2022 NY Slip Op 2532 - NY: Appellate Div., 2nd Dept. 2022:"This appeal presents an issue of first appellate impression. The defendant homeowner, Seymour Cohen, argues, among...
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SOME SUGGESTIONS WHEN HAVING A ZOOM "TRIAL"
Passing this along from a colleague in Massachusetts:"Orders to request at the outset of a zoom hearing· I ask that the video and audio of the hearing, not just the audio, be saved· I am...
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