CREDIT CARD SURCHARGES - PART 2
People v. Fulvio, 136 Misc. 2d 334 - NY: City Court, Criminal Court 1987:"Nor, as the People here contend, is the statute saved by the semantic gyration of claiming that it contemplates the...
View ArticleCREDIT CARD SURCHARGES - PART 3
After the enactment of GBL 518, five New York merchants brought an action seeking the ability to tell their consumers that there is a surcharge for using credit. One petitioner, Expressions Hair...
View ArticleCREDIT CARD SURCHARGES - PART 4
With respect to attorneys and credit fees, the New York State Bar Association Committee on Professional Ethics, Opinion 1050 (3/25/15) stated:"A lawyer may charge a client, as an administrative...
View ArticleMORTGAGE FORECLOSURE CLINIC TODAY
I will be volunteering today, Monday June 5, at the Nassau County Bar Association's free clinic for Mortgage Foreclosure, Bankruptcy and Superstorm Sandy issues, from 3pm to 6pm.For more information,...
View ArticleRECOUPMENT OF CHILD SUPPORT OVERPAYMENTS?
A common question raised by noncustodial parents is whether credits can be given for overpayments of child support. MATTER OF McGOVERN v. McGovern, 2017 NY Slip Op 1862 - NY: Appellate Div., 2nd Dept....
View ArticleA FREE HOUSE?
BENEFICIAL HOMEOWNER SERV. CORP. v. Tovar, 2017 NY Slip Op 3471 - NY: Appellate Div., 2nd Dept. 2017:T"he plaintiff commenced this mortgage foreclosure action in February 2014. The defendant Theresa A....
View ArticleVOLUNTEER 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...
View ArticleA DENIED REQUEST TO RELOCATE DOES NOT REQUIRE A LOSS OF CUSTODY
A denied request to relocate does not mean that a parent automatically loses custody. MATTER OF LOPEZ v. CHASQUETTI, 2017 NY Slip Op 2424 - NY: Appellate Div., 2nd Dept. 2017:"The parties, who were...
View ArticleUNEMPLOYMENT INSURANCE - LEAVING EMPLOYMENT DUE TO PHYSICAL INJURY
If you decide to quit, make sure you have medical proof, have given your employer the chance to make accommodations and then medical proof that these accommodations were not satisfactory. MATTER OF...
View ArticleFAMILIAL RELATIONSHIP OR LICENSEE
Some "family members" can be evicted in landlord/tenant court. Heckman v. Heckman, 2017 NY Slip Op 27122 - NY: Appellate Term, 2nd Dept. 2017:"Petitioner, the daughter of the deceased former owner of...
View ArticleFREE 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...
View ArticleA SELF HELP COMMERCIAL EVICTION SANCTIONED? - THE MAJORITY AND A WARNING
Martinez v. Ulloa, 50 Misc. 3d 45 - NY: Appellate Term, 2nd Dept. 2015:"In this unlawful entry and detainer summary proceeding (see RPAPL 713 [10]) commenced by tenants by order to show cause (see CCA...
View ArticleA SELF HELP COMMERCIAL EVICTION SANCTIONED? - THE DISSENT
Martinez v. Ulloa, 50 Misc. 3d 45 - NY: Appellate Term, 2nd Dept. 2015:"WESTON, J.P. (dissenting in part and voting to reverse the final judgment in the following memorandum).While I agree that...
View ArticleORDER OF PROTECTION AND HARASSMENT
DORIS F. v. ARI T., 2017 NY Slip Op 4883 - NY: Appellate Div., 1st Dept. 2017:"A fair preponderance of the evidence does not support a finding of harassment in the second degree against Ari (see Family...
View ArticleNEW RULES - DIVORCE
Effective August 1, 2017, 22NYCRR §202.50(b) is amended to add a new section 202.50(b)(3) requiring that every Uncontested and Contested Judgment of Divorce contain certain decretal paragraphs,...
View ArticleNEW YORK RISING EXTESNION
From the City of Long Beach website:"The City of Long Beach is pleased to announce that NY Rising has modified the Housing Recovery Program's September 1st deadline, allowing for extra time if certain...
View ArticleRESTORED TO POSSESSION AFTER EVICTION
224-232 ATLANTIC AVENUE INVESTORS, LLC v. Gonzalez, 2017 NY Slip Op 50525 - NY: City Court, Civil Court 2017:"The Court of Appeals has found that in appropriate circumstances the Civil Court may vacate...
View ArticleNEW YORK V. CALIFORNIA (AND OTHER STATES) - DECEASED RIGHT OF PUBLICITY
Under Cal. Civ. Code § 3344.1, post-mortem publicity rights are available for seventy (70) years after death. The statue provides a cause of action for the unauthorized use of a “deceased...
View ArticleNEW YORK V. CALIFORNIA (AND OTHER STATES) - DECEASED RIGHT OF PUBLICITY...
S.6857-A / A.8155-A was proposed this year to amend the civil rights law, in relation to the right of publicity and to amend the civil practice law and rules, in relation to the timeliness of...
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