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HOME IMPROVEMENT CONTRACTORS - NO SIGNED WRITTEN AGREEMENT
HOME CONSTRUCTION CORP. v. BEAURY, 2017 NY Slip Op 2628 - NY: Appellate Div., 2nd Dept. 2017 where plaintiff claimed the total cost of the project, including additions and credits, was $1,068,720, of...
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SPOUSAL MAINTENANCE INCLUDED IN INCOME FOR CHILD SUPPORT PURPOSES
Was this a drafting error or the actual intention of the parties? Note that the remand appears to require a hearing on the intention of the parties as the Supreme Court's determination was "as a matter...
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DIVORCE - AWARDING ATTORNEY FEES IN SIMPLE DIVORCE WITH NIO REAL LEGAL ISSUES
DC v. PC, 2017 NY Slip Op 50278 - NY: Supreme Court 2017:" ........Plaintiff seeks payment of her attorney fees. Defendant opposes Plaintiff's application.DRL § 237 provides that in an action for a...
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REAL ESTATE CONTRACTS - SPECIFIC PERFORMANCE ACTION
Many times, a purchaser in a contract of sale will ask, or insist, that it be entitled to bring an action to specifically enforce the contract should the seller fail to close.Grunbaum v Nicole...
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WHEN ATTORNEYS COMMIT FELONIES
Disbarment will occur on the date of conviction or plea. Matter of Butcher, Supreme Court, Appellate Division Third Judicial Department Decided and Entered: August 31, 2017, D-169-17:"Respondent was...
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NASSAU COUNTY MATRIMONIAL MOTION FEES
According to an email received today:"Please be advised that, effective immediately, the Clerk at the Matrimonial Center can no longer accept payment of any kind, including for motion fees. All fees...
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UNEMPLOYMENT INSURANCE - BROKER, INDEPENDENT CONTRACTOR, EMPLOYEE
MATTER OF CUSHMAN & WAKEFIELD, INC. v. Commissioner of Labor, 2017 NY Slip Op 7022 - NY: Appellate Div., 3rd Dept. 2017:...."With regard to the Board's finding that an employment relationship...
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SETTING ASIDE A STIPULATION - A MUTUAL MISTAKE?
Although this case involves the setting aside of a stipulation in a matrimonial setting, the rules will apply to all litigations in which a stipulation is entered into and perhaps to all contracts....
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FREE MORTGAGE FORECLOSURE CLINIC TODAY
At 3pm at the Nassau County Bar Association. I will be one of the volunteer attorneys. For more information, see: https://www.nassaubar.org/UserFiles/Clinics_October_English_2017.pdfFrom...
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DIVORCE - AWARDING COUNSEL FEES WHEN THERE IS A CAP
SM v. MR, 2017 NY Slip Op 51071 - NY: Supreme Court, Richmond 2017:"Accordingly, When Wife testified that she was obligated to pay her attorney the sum of $42,281, she was at best mistaken. Pursuant to...
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RECENT FORECLOSURE CASE
Wells Fargo Bank, N.A. v Lilley, 2017 NY Slip Op 07157, Decided on October 11, 2017, Appellate Division, Second Department:"In April 2013, the plaintiff commenced this action to foreclose a mortgage...
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COMMERCIAL LEASE ACCELERATION CLAUSE
172 VAN DUZER v. GLOBE ALUMNI, 24 NY 3d 528 - NY: Court of Appeals 2014:"To the extent defendants suggest that a landowner should be subject to a duty to mitigate, we previously rejected this argument...
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UNEMPLOYMENT INSURANCE - JOB DISSATISFACTION
MATTER OF McCLAMMY v. STCR BUSINESS SYSTEMS, INC., 2017 NY Slip Op 6704 - NY: Appellate Div., 3rd Dept. 2017:"Claimant was employed as a technical account manager, a position that required regular...
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DISCRIMINATION FOR "PERCEIVED ALCOHOLISM"
The New York City Human Rights Law (NYCHRL) is a civil rights law that is embodied in Title 8 of the Administrative Code of the City of New York. It prohibits discrimination in employment, housing, and...
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ON ANTICIPATORY BREACH OF CONTRACT
No. 92, Princes Point LLC v. Muss Development L.L.C., October 19, 2017, New York Court of Appeals:“An anticipatory breach of a contract by a promisor is a repudiation of [a] contractual duty before...
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IS THE PERSONAL GUARANTY AMBIGUOUS?
82-90 Broadway Realty Corp. v New York Supermarket, Inc., 2017 NY Slip Op 07233, Decided on October 18, 2017, Appellate Division, Second Department:"Contrary to the defendants' contention, the...
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