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ANOTHER FAMILY EVICTION CASE
An interesting note in this case is that the landlord/owner discharged their counsel on the eve of trial. RINIS v. TOLIOU, 2017 NY Slip Op 50964 - NY: King County, Civil Court 2017:"The premises at...
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DIVORCE - COURT ORDERED HOLIDAY SCHEDULE
DD v. AD, 2017 NY Slip Op 50807 - NY: Supreme Court, Richmond 2017:"The parties shall alternate all of the major holidays and school vacations as set forth below. Parenting time shall commence at 10:00...
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WHEN BUYER FAILS TO GET A MORTGAGE COMMITMENT BECAUSE BUYER CAN'T SELL THEIR...
The standard form residential contract of sale (jointly Prepared by the Real Property Section of the New York State Bar Association, the New York State Land Title Association, the Committee on Real...
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HEARSAY AND MORTGAGE FORECLOSURE SUMMARY JUDGMENT
Bank of N.Y. Mellon v Cutler, 2017 NY Slip Op 07424, Decided on October 25, 2017, Appellate Division, Second Department:"The plaintiff commenced this mortgage foreclosure action following the default...
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ACTION FOR DAMAGES FOR ILLEGAL APARTMENT
Mateo v. ANOKWURU, 2017 NY Slip Op 27330 - NY: Appellate Term, 1st Dept. 2017:"Plaintiff-tenant leased a studio apartment in a house owned by defendant-owner. Defendant subsequently relocated plaintiff...
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ARTICLE 17 A: NOT ALL SPECIAL NEEDS ADULTS REQUIRE A GUARDIAN
Matter of Michelle M., 2016 NY Slip Op 51114 - NY: Surrogate's Court, Kings 2016:"Michelle has an inherent right and ability to make her own choices, with dignity, independence, and support. The...
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SOME PARENTING ADVICE FROM KINGS COUNTY SURROGATE
Some sound parenting advice which may also apply to parents of non-special needs adults, also from Matter of Michelle M., 2016 NY Slip Op 51114 - NY: Surrogate's Court, Kings 2016:"It is evident that...
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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, go to https://www.nassaubar.org/UserFiles/Clinics_November_English_2017.pdfFrom...
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SEEKING A DISMISSAL UNDER CPLR 3215 (c)
CPLR 3215 (c) provides:"(c) Default not entered within one year. If the plaintiff fails to take proceedings for the entry of judgment within one year after the default, the court shall not enter...
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WHEN NEIGHBORS FIGHT OVER A FENCE - AND CONTEMPT
This litigation is over a common driveway and the hindrance by one neighbor over the use of it via a fence. It was commenced in 2012 and then settled by stipulation in 2015 as to how the fence would be...
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VETERAN'S DAY
My father Albert - eventually a Sargent. Pacific theater.From http://jmpattorney.blogspot.com/
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A LONG JOURNEY TO COLLECT LEGAL FEES OWED
In November 2001, the defendant retained the plaintiff (actually predecessor in interest) for a matrimonial. And 16 years later, the issue of collecting fees due is still at issue. Jones Morrison, LLP...
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ESTABLISHING IMPROPER SERVICE WHEN SEEKING TO VACATE A DEFAULT JUDGMENT
U.S. Bank, N.A. v Cepeda, 2017 NY Slip Op 07767, Decided on November 8, 2017, Appellate Division, Second Department:"The plaintiff commenced this action to foreclose a mortgage. The defendant Raymond...
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WHEN LANDLORD DOES NOT GIVE A WRITTEN RENT RECEIPT
NY Real Prop L § 235-e imposes a duty upon a landlord to provide tenant with a written receipt when a personal check is not used for payment:"(a) Upon the receipt of rent for residential premises in...
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STUDENT MENTORS
This morning I will be a Student Mentor.One of the Pro Bono & Volunteer Opportunities sponsored by the Nassau County Bar Association is the Student Mentor Program. Attorneys can provide valuable...
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CAN A LANDLORD EXEMPT RENT REGULATION COVERAGE BY CONVERSION OF UNITS
U 31st ST., LLC v. Montalvo, 2017 NY Slip Op 51435 - NY: Appellate Term, 1st Dept. 2017:"Landlord's possessory claim, based on allegations that tenant's unregulated lease agreement expired by its...
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ON NEW YORK'S NEW "SEALING RULE"
In today's Newsday, the main story discussed a new state law aimed at giving nonviolent offenders a clean slate. As of October 7, 2017, New York courts may expunge eligible offenses under Section...
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THE MORTGAGE MODIFICATION SCAMS ARE STILL WAITING FOR YOU
Yesterday at the Mortgage Foreclosure Clinic at the Nassau County Bar Association, I consulted with a client who appeared to have been scammed. Several thousand dollars were paid to either an attorney...
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