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REAL ESTATE - ACTIVE CONCEALMENT & FRAUD ON LEAKS AND MOLD
Razdolskaya v Lyubarsky, 2018 NY Slip Op 02817, Decided on April 25, 2018, Appellate Division, Second Department:"The plaintiff purchased a condominium unit from the defendants Roman Lyubarsky and...
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FORGED SIGNATURE ON MORTGAGE?
U.S. Bank Natl. Assn. v Goldin, 2018 NY Slip Op 02825, Decided on April 25, 2018, Appellate Division, Second Department:"Here, the plaintiff demonstrated its prima facie entitlement to judgment as a...
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MORTGAGE FORECLOSURE - RPAPL 1304
Wells Fargo Bank, NA v Mandrin, 2018 NY Slip Op 02826, Decided on April 25, 2018, Appellate Division, Second Department:"However, reversal is required in light of the plaintiff's failure to establish...
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NEW RULES - POST FORECLOSURE SUMMARY PROCEEDING
PLOTCH v. Dellis, 2018 NY Slip Op 28116 - NY: Appellate Term, 2nd Dept. 2018: In Home Loan Servs., Inc. v Moskowitz (31 Misc 3d 37 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2011]), this court...
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MORTGAGE FORECLOSURE - WAIVING LACK OF JURISDICTION
In this case, three years after failing to appear, defendant retains counsel but it appears that defendant, after retaining counsel, does not make a motion to vacate default and file a late answer...
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FREE MORTGAGE FORECLOSURE CLINIC TODAY
I will be volunteering today at the Nassau County Bar Association's free clinic for Mortgage Foreclosure, Bankruptcy and Superstorm Sandy issues, from 3pm to 6pm.For more information, contact Nassau...
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ARBITRATING A DIVORCE
Zar v Yaghoobzar, 2018 NY Slip Op 03170, Decided on May 2, 2018, Appellate Division, Second Department:"The parties were married in 1968 and have two adult children together. In April 2013, the wife,...
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UNEMPLOYMENT INSURANCE - ANOTHER MISCLASSIFICATION CASE
MATTER OF COWAN v. BIMBO FOODS BAKERIES DISTRIBUTION, INC., 2018 NY Slip Op 2229 - NY: Appellate Div., 3rd Dept. 2018:""Whether an employment relationship exists within the meaning of the unemployment...
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PROVING AN ORAL LOAN AGREEMENT
Licata v Cuzzi, 2018 NY Slip Op 03348, Decided on May 9, 2018, Appellate Division, Second Department:"The plaintiff commenced this action to recover damages for breach of contract, and moved for...
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DEATH OF A PARTY
American Airlines Fed. Credit Union v Costello, 2018 NY Slip Op 03335, Decided on May 9, 2018, Appellate Division, Second Department:"The plaintiff commenced this action against, among others, the...
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WHAT IS A FAMILY OFFENSE?
Matter of Lashlee v Lashlee, 2018 NY Slip Op 03362, Decided on May 9, 2018, Appellate Division, Second Department:"The parties are divorced and have two children together. In April 2016, during the...
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SEEKING VISITATION WHILE INCARCERATED
Matter of Irizarry v Jorawar, 2018 NY Slip Op 03360, Decided on May 9, 2018, Appellate Division, Second Department:"The mother and the father are the parents of two minor children. The father has been...
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FREE 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...
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MORE ON VACATING DEFAULT
Nationstar Mtge., LLC v Dekom, 2018 NY Slip Op 03533, Decided on May 16, 2018, Appellate Division, Second Department:"We agree with the Supreme Court's rejection of the defendant's claim of lack of...
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CHILD CUSTODY - A CHANGE IN CIRCUMSTANCES
Matter of Edwards v Edwards, 2018 NY Slip Op 03524, Decided on May 16, 2018, Appellate Division, Second Department:"Where modification of an existing custody arrangement is sought, the petitioner must...
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DIVORCE - AWARDING COUNSEL AND EXPERT FEES
Greco v Greco, 2018 NY Slip Op 03509, Decided on May 16, 2018, Appellate Division, Second Department:"The parties were married in 1999 and have two children together. In May 2010, the plaintiff...
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FREE FORECLOSURE CLINIC TODAY
Nassau residents caught in the growing mortgage foreclosure crisis can have their questions answered by attorneys at a free clinic at the Nassau County Bar Association at the NCBA headquarters, 15th...
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MORE ON DEATH OF A PARTY
Wells Fargo Bank, NA v Emma, 2018 NY Slip Op 03728, Decided on May 23, 2018, Appellate Division, Second Department:"On August 23, 2002, Mary Emma, now deceased (hereinafter the decedent), executed a...
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