Clik here to view.
NEW TELEMARKETING PROVISIONS
This past week, new telemarketing restrictions were enacted by amending section 399-z and section 399-pp of the general business law with, in part,the following provisions:"IT SHALL BE UNLAWFUL FOR ANY...
View ArticleClik here to view.
SELF HELP EVICTIONS
RPAPL § 711 provides that an individual who has resided at a premises for thirty consecutive days or longer may not be removed from the premises without a special proceeding, warrant of eviction or...
View ArticleClik here to view.
NEW YORK RESIDENT FORECLOSURE BILL OF RIGHTS
Governor Andrew M. Cuomo yesterday announced the Department of Financial Services has published a Consumer Bill of Rights for New Yorkers facing foreclosure. Additionally, DFS has also finalized a...
View ArticleClik here to view.
WHAT KIND OF COUNTERCLAIMS CAN A TENANT ASSERT IN A HOLDOVER PROCEEDING
537 Greenwich LLC v Chista, Inc., 19 Misc 3d 1133(A) (2008 - Civil Court Of The City Of New York, New York County):”CPLR § 407 authorizes a court at any time to sever a counterclaim in a special or...
View ArticleClik here to view.
A NEW PRO BONO SERVICE
The New York and American Bar Association have started a service called "Free Legal Answers"From the website: "Free Legal Answers is based on the walk-in clinic or dial-a-lawyer model where clients...
View ArticleClik here to view.
Clik here to view.
Clik here to view.
MORTGAGE FORECLOSURE - BANKS STILL NEED EVIDENCE
AURORA LOAN SERVS., LLC v. BARITZ, 2016 NY Slip Op 7154 - NY: Appellate Div., 2nd Dept. 2016:" On May 27, 2005, the defendant Steven Baritz executed a note in the amount of $960,000 in favor of...
View ArticleClik here to view.
NEW LEGISLATION ON FORECLOSURES EFFECTIVE NEXT WEEK
New Legislation in New York States passed in the last days of the session effective December 20, 2016 which included changes to the time defendants have to submit an answer; improvements to the notices...
View ArticleClik here to view.
CONCURRING AND DISSENTING OPINIONS CAN BE MOST INSTRUCTIVE
There was one concurring and one dissenting opinion regarding prenuptial agreements in Gottlieb v Gottlieb, 2016 NY Slip Op 00613 [138 AD3d 30] (1st Dept. January 28, 2016) - here is the first:"Saxe,...
View ArticleClik here to view.
CONCURRING AND DISSENTING OPINIONS CAN BE MOST INSTRUCTIVE - PART 2
And here is the dissenting opinion regarding prenuptial agreements in Gottlieb v Gottlieb, 2016 NY Slip Op 00613 [138 AD3d 30] (1st Dept. January 28, 2016):"FEINMAN, J. (dissenting) Resolution of this...
View ArticleClik here to view.
EVICTING HOMEOWNERS AFTER FORECLOSURE
DLJ MTGE. CAPITAL, INC. v. Grant, 2016 NY Slip Op 26070 - NY: Dist. Court, Nassau County, 1st Dist. 2016:"Petitioner commenced this holdover proceeding against respondents under RPAPL §713, to recover...
View ArticleClik here to view.
A STIPULATION IS A BINDING AGREEMENT!
YAKOBOWICZ v. YAKOBOWICZ, 2016 NY Slip Op 5992 - NY: Appellate Div., 2nd Dept. 2016:"On January 7, 2014, the parties entered into a stipulation of settlement on the record in open court that was...
View ArticleClik here to view.
Clik here to view.
NEW LAW ON TINTED WINDOWS
From the DMV:"Effective January 1st 2017, examination of tinted or shaded windows will be required during motor vehicle inspections.Section 375 (12-a) of the NYS Vehicle and Traffic Law does not allow...
View ArticleClik here to view.
NEW LAW FOR REAL ESTATE BROKERS AND SALESMEN
Paragraph (a) of subdivision 3 of section 441 of the Real Property Law is now amended, in the hope of promoting consumer protection, by requiring real estate licensees to, upon the licensee’s initial...
View ArticleClik here to view.
WHEN DOING SOMETHING OFF THE JOB IS MISCONDUCT
MATTER OF ROY v. Commissioner of Labor, 2016 NY Slip Op 2885 - NY: Appellate Div., 3rd Dept. 2016:"Substantial evidence supports the Unemployment Insurance Board's determination that claimant was...
View ArticleClik here to view.
REAPPOINTING ATTORNEY FOR THE CHILD
MATTER OF TROMBLEY v. Payne, 2016 NY Slip Op 7475 - NY: Appellate Div., 4th Dept. 2016:"The court properly denied the mother's objection to the reappointment of the Attorney for the Children (AFC) (see...
View ArticleClik here to view.
STAYING EVICTIONS OUTSIDE NYC
DEUTSCHE BANK NATL. v. Oliver, 24 Misc. 3d 838 - NY: Dist. Court, Nassau County, 1st Dist. 2009:"The court must reject the petitioner's contentions. CPLR 2201 broadly empowers the court to grant a stay...
View ArticleClik here to view.
FREE FORECLOSURE CLINIC TODAY
Today at Nassau County Bar Association. I will be one of the volunteer attorneys. From http://jmpattorney.blogspot.com/
View Article