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CUSTODY/VISITATION NOT AN ISSUE WHEN CHILDREN REACH MAJORITY
MATTER OF DE OLIVEIRA v. De Oliveira, 2017 NY Slip Op 5223 - NY: Appellate Div., 2nd Dept. 2017:"The father's appeal from the order denying his petition for visitation with the parties' daughters must...
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SNOW REMOVAL LIABILITY
Yes, it's summer but winter is coming. In this recent Appellate Division Second Department case on legal malpractice, the court discusses the general rules on liability for snow removal. Balan v...
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COMMERCIAL LITIGATION - ACCOUNT STATED
Caring Professionals, Inc. v Landa, 2017 NY Slip Op 05803, Decided on July 26, 2017 Appellate Division, Second Department:"An account stated is an agreement, express or implied, between the parties to...
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22 YEAR MARRIAGE, 5 YEAR DIVORCE, 6 MORE YEARS OF MAINTENANCE
Galanopoulos v Galanopoulos, 2017 NY Slip Op 05807, Decided on July 26, 2017,Appellate Division, Second Department:"The parties were married on May 6, 1990, and are the parents of two emancipated...
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UNEMPLOYMENT INSURANCE - MISCLASSIFICATION
A recent case from the 3rd Department. MATTER OF TAUSCHER CRONACHER PE PC v. Commissioner of Labor, 2017 NY Slip Op 2488 - NY: Appellate Div., 3rd Dept. 2017:""Whether an employer-employee relationship...
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FEDERAL BENEFITS AND GARNISHMENT
Generally debt collectors can’t take your Social Security or VA benefits directly out of your bank account or prepaid card. For further review, see...
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NEW BINGO RULES
Charitable gaming occurs in the form of bingo, bell jar sales, the conduct of Las Vegas nights, and operation of raffles in each of the 62 counties of New York. For Bingo, the following changes are...
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THE RIGHTS OF DOMESTIC PARTNERS IN NYC
A domestic partnership is a legal arrangement that commits two people to one another. New York City allows both same sex and traditional couples to register for domestic partnerships. Since July 2011,...
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SHAREHOLDER DISPUTES IN FAMILY CLOSE CORPORATIONS
Matter of Twin Bay Vil., Inc. v Kasian 2017 NY Slip Op 06024 Decided on August 3, 2017 Appellate Division, Third Department:"In 1957, the Chomiak family began operating Twin Bay Village, a seasonal...
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DEADLOCK DISPUTES IN CLOSE CORPORATIONS
MATTER OF GREATER CAPITAL REGION ASSOCIATION OF REALTORS, INC., 2015 NY Slip Op 51857 - NY: Supreme Court, Albany:"Judicial dissolution of a business corporation is authorized where "the directors are...
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WHAT IS HOME IMPROVEMENT FOR PURPOSES OF CONSUMER AFFAIRS LICENSE
TPE VENTURES, INC. v. NASSAU COUNTY OFF. OF CONSUMER AFFAIRS, 2017 NY Slip Op 50839 - NY: Supreme Court 2017:"........The NCAC provides that the definition of home improvement "means repair,...
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ON SPOLIATION OF EVIDENCE
Aponte v Clove Lakes Health Care & Rehabilitation Ctr., Inc. 2017 NY Slip Op 06056 Decided on August 9, 2017 Appellate Division, Second Department:""A party that seeks sanctions for spoliation of...
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ON GOVERNOR CUOMO'S ANNOUNCEMENT TO PURCHASE NOTES ON 398 HOMES
Governor Andrew M. Cuomo on August 11announced that the state's new $7.6 million Community Restoration Fund has purchased the mortgages/notes for 398 homes in a strategic effort to bring owners in...
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IN MEMORY OF ANTHONY NAPOLITANO
My first law partner Anthony Napolitano (October 8, 1951 - August 7, 2017).Probstein & Napoltano was founded in 1983. First located at 345 Park Avenue, here we are in our offices at 150 East 58th...
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RETAINING A LAW FIRM PARTNER AS COUNSEL TO RECEIVER
Dupree v Voorhees 2017 NY Slip Op 06062 Decided on August 9, 2017 Appellate Division, Second Department:"The plaintiff commenced this action, inter alia, to recover damages for violation of Judiciary...
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LEGALITIES OF SPREADING STDS
I was interviewed on the issue of legalities of informing partners. See http://www.digitaljournal.com/pr/3450223 and/or...
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NEW PRIVACY LAW
On August 16, 2017, Governor Andrew M. Cuomo signed legislation to crack down on the unauthorized invasion of privacy by video surveillance. Following reports of cameras being installed to unlawfully...
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ON ZOMBIE HOMES
Section 1308 of the Real Property Actions and Proceedings Law imposes a duty to inspect, secure and maintain vacant and abandoned properties on mortgagees or their servicing agents.The New York State...
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NYS PRO BONO CLEMENCY INITIATIVE
From Governor Cuomo's press release:"Governor Andrew M. Cuomo today announced a first-in-the-nation partnership between a state and a coalition of legal organizations to expand New York's pro bono...
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FULL INTERVIEW ON SPREADING STDS
The full interview with PostiveSingles can be found here:https://www.positivesingles.com/herpes-dating-support-blog/consulting-with-attorney-over-legalities-of-spreading-stds-on-dates-500From...
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