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TRI - CUSTODY
An interesting fact pattern and a Solomon like decision in DAWN M. v. Michael M., 2017 NY Slip Op 27073 - NY: Supreme Court 2017"Plaintiff and defendant were married on July 9, 1994. After being...
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AGAIN WHEN DEALING WITH UNLICENSED CONTRACTORS
This case is a year old but a warning to those in home improvement to go through the licensing procedure. HOLISTIC HOMES, LLC v. Greenfield, 138 AD 3d 689 - NY: Appellate Div., 2nd Dept. 2016:"`An...
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ALLEGING DAMAGES IN FRAUD CASES
Connaughton v Chipotle Mexican Grill, Inc. 2017 NY Slip Op 03445 Decided on May 2, 2017 Court of Appeals:To allege a cause of action based on fraud, plaintiff must assert "a representation or a...
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DISSOLVING AN LLC
If there is no operating agreement which covers disputes among members, it is Section 702 of the Limited Liability Company Law which governs. Matter of 47th Rd. LLC, 2017 NY Slip Op 30607 - NY: Supreme...
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MORTGAGE FORECLOSURE CLINIC TODAY
I will be volunteering today, Monday May 8, 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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VOLUNTEER LAWYERS PROJECT
Today I will be a volunteer lawyer with Nassau Suffolk Law Services at Landlord/Tenant court in Hempstead. From the Nassau/Suffolk Law Services website:"The Volunteer Lawyers Project (Nassau) and The...
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TAXI MEDALLIONS AND UBER ET AL.
HERVIAS, MARCELINO vs. CITY OF NEW YORK, 154059/2017, New York Civil Supreme, is an Article 78 proceeding filed on May 2. As reported by the NY Daily News, the plaintiffs, two medallion taxi drivers,...
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FOOD AT FUNERALS
Effective January 16, 2017, Public Health Law (PHL) Article 34 created an additional section 3444 to allow certain types of food and/or beverages to be served to consumers attending vistitation hours...
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FROM LEVITTOWN CHAMBER OF COMMERCE
Of which I am a member and Second Vice PresidentFrom http://jmpattorney.blogspot.com/
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END OF LIFE CHOICES
In February of 2015 End of Life Choices New York filed a lawsuit, Myers v. Schneiderman, to establish aid in dying as a right under current law or under the New York State Constitution. The lawsuit was...
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STALE DEBT CLAIM - FILING A PLENARY ACTION VERSUS CHAPTER 13 BANKRUPTCY
MIDLAND FUNDING, LLC v. JOHNSON CERTIORARI TO THE UNITED STATES. No. 16–348, US SUPREME COURT, Decided May 15, 2017 "Whether Midland’s assertion of an obviously timebarred claim is “unfair” or...
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ATTORNEY IMPAIRMENT
Today, I will be one of the speakers at a CLE at Nassau County Bar Association: "Because Everyone Knows Someone: Legal and Ethical Implications of Attorney Impairment Start"From...
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STALE DEBT CLAIM - FILING A PLENARY ACTION VERSUS CHAPTER 13 BANKRUPTCY - THE...
MIDLAND FUNDING, LLC v. JOHNSON, No. 16–348, US SUPREME COURT, Decided May 15, 2017 JUSTICE SOTOMAYOR, with whom JUSTICE GINSBURG and JUSTICE KAGAN join, dissenting. "........First, the majority...
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UNJUST ENRICHMENT CLAIMS - MOTION TO DISMISS
Bose v. THINK CONSTR. LLC, 2017 NY Slip Op 30944 - NY: Supreme Court 2017:"The court next turns to that portion of the moving defendants' motion to dismiss plaintiff's unjust enrichment claim pursuant...
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MORTGAGE FORECLOSURE CLINIC TODAY
I will be volunteering today, Monday May 22, 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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CAN SPOUSE ASK COURT FOR FINANCIAL PRESSURE TO OBTAIN RELIGIOUS DIVORCE
Masri v. Masri, 2017 NY Slip Op 27007 - NY: Supreme Court, Orange 2017:"In view of the foregoing, this court holds that in the circumstances presented here, increasing the amount or the duration of...
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STATUTE OF LIMITATIONS IN ACTIONS AGAINST CO-OP BOARD
Herriott v. 206 W. 121st ST., 2017 NY Slip Op 30218 - NY: Supreme Court 2017:""Generally, the applicable statute of limitations depends upon the substantive remedy sought" (Board of Managers of Bayside...
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FRAGRANCE SENSITIVITY AND UNEMPLOYMENT INSURANCE
IN THE MATTER OF KUBIAK, 23 AD 3d 980 - NY: Appellate Div., 3rd Dept. 2005:"In October 2003, claimant began experiencing headaches and sensitivity to a coworker's fragrance. She reported this to her...
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CREDIT CARD SURCHARGES - PART 1
New York Consolidated Laws, General Business Law § 518. Credit card surcharge prohibited:" No seller in any sales transaction may impose a surcharge on a holder who elects to use a credit card in lieu...
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