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LANDLORD TENANT LAW: JURISDICTIONAL V. PROCEDURAL DEFECT
Martin v. Sandoval, 2015 NY Slip Op 50099 - NY: City Court, Peekskill 2015:".........The Respondent argues, pursuant to RPAPL §749(3)[2] that the warrant of eviction should vacated because the...
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WORK RELATED STRESS AND WORKER'S COMPENSATION
MATTER OF CUVA v. State Ins. Fund, 2016 NY Slip Op 7734 - NY: Appellate Div., 3rd Dept. 2016:"We affirm. It is well established that "mental injuries caused by work-related stress are compensable if...
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MORE ON UNLICENSED CONTRACTORS
MATTER OF MacNAMARA v. Edwards, 2016 NY Slip Op 32199 - NY: Supreme Court 2016:"The established law of the Second Department is clear that a home improvement contractor who is unlicensed at the time of...
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FREE CLINIC AT NASSAU COUNTY BAR ASSOCIATION
I will be volunteering today, Monday March 13, at the Nassau County Bar Association's free clinic for Mortgage Foreclosure, Bankruptcy and Superstorm Sandy issues, from 3pm to 6pm.For more information,...
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DIVORCE - WHEN SEPARATE PROPERTY BECOMES MARITAL PROPERTY
Brown v. Brown, 2017 NY Slip Op 1175 - NY: Appellate Div., 2nd Dept. 2017:"The proceeds from an action to recover damages for personal injuries are considered separate property (see Domestic Relations...
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FREE SENIOR LAW CLINIC TODAY
The next Senior Clinic is scheduled for today 9:30-11am at the Nassau County Bar Association, 15th and West Streets, Mineola, NY 11501.I will be one of the volunteer lawyers.From...
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WHEN PARENTS LOSE CUSTODY TO OTHER FAMILY MEMBERS
MATTER OF HUNTE v. Arnold, 2017 NY Slip Op 1203 - NY: Appellate Div., 2nd Dept. 2017:"In these child custody proceedings, the father of the subject child and the child's maternal aunt both filed...
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STANDBY GUARDIANSHIP
This is from today's email from Nassau Suffolk Law Services and demonstrates one of the circumstances this document can be helpful:"In another case, just a week before passing, the mother of a young...
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GETTING A JUDGMENT IS EASY - ENFORCING IT IS HARD
4720 15th AVE. LLC v. Jacobson, 2017 NY Slip Op 30318 - NY: Supreme Court 2017:"Plaintiff, 4720 15th Avenue LLC ("Plaintiff"), moves, pursuant to CPLR 2308, for an order of contempt against defendant,...
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LANDLORD TENANT - MAKING THE RIGHT ARGUMENT TO VACATE DEFAULT
Wasserman v. KWIECINSKI, 2017 NY Slip Op 50112 - NY: Appellate Term, 2nd Dept. 2017:"Upon tenant's failure to appear or answer in this holdover proceeding, the District Court awarded landlord...
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TENANT HARASSMENT IN NYC
"It is illegal for building owners to force tenants to leave their apartments or surrender their rights. If you are a tenant in an apartment in the City who is being harassed by your landlord, you can...
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FORECLOSURES IN FEDERAL COURT
The common practice in New York is to start a mortgage foreclosure action in the appropriate county New York State Supreme Court; however, in the past several years, many legal commentators have...
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FREE CLINIC AT NASSAU COUNTY BAR ASSOCIATION
I will be volunteering today, Monday March 27, at the Nassau County Bar Association's free clinic for Mortgage Foreclosure, Bankruptcy and Superstorm Sandy issues, from 3pm to 6pm.For more information,...
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USED CAR WARRANTY IN NYS
Recently, I bought a used car and I almost had to walk away from the deal when the car dealership refused to sign the proper used car warranty papers. Review the paperwork carefully and remember that...
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SUCCESSION RIGHTS - WHAT IS A FAMILY MEMBER - PART 1
530 SECOND AVE. CO., LLC v. Zenker, 2017 NY Slip Op 50232 - NY: Appellate Term, 1st Dept. 2017:"We agree that respondent Lillian Zenker failed to meet her "affirmative obligation" of establishing...
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SUCCESSION RIGHTS - WHAT IS A FAMILY MEMBER - PART 2 - THE DISSENT
"Dissenting OpinionDORIS LING-COHAN.I respectfully dissent with the determination that respondent, Lillian Zenker (Zenker), was a mere "friend, roommate, or business colleague" of the deceased tenant,...
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VETERANS FREE LAW CLINIC TOMORROW
The Maurice A. Deane School of Law will be hosting a free Veterans Legal Clinic on Saturday, April 1, 2017, at the Law School. The clinic is open to all veterans and offers a free consultation with...
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CHILD CUSTODY AND THE IRS
From the IRS website:"Question: Are child support payments deductible by the payer or can the payer claim a dependency exemption for the child? Answer:No, child support payments are neither deductible...
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