Clik here to view.
MORTGAGE FORECLOSURE - LOST NOTE
Deutsche Bank Natl. Trust Co. v Anderson, 2018 NY Slip Op 03661, Decided on May 23, 2018, Appellate Division, Second Department:"On July 26, 2006, Floyd Bailey executed a promissory note in the...
View ArticleClik here to view.
MORTGAGE FORECLOSURE - STANDING NOT A REAL DEFENSE
I note this case because summary judgment was granted in November 2015: this appeal gave the homeowner at least an additional 2.5 years in the home, if not more. The action was commenced in...
View ArticleClik here to view.
CHILD CUSTODY - WHO PAYS FOR ATTORNEY FOR CHILD
Matter of Young v Young, 2018 NY Slip Op 03850, Decided on May 30, 2018, Appellate Division, Second Department:"Courts are authorized to direct that " a parent who has sufficient financial means to do...
View ArticleClik here to view.
CHILD CUSTODY - RELOCATION WITH CHILDREN ALLOWED
Matter of Matsen v Matsen, 2018 NY Slip Op 03836, Decided on May 30, 2018, Appellate Division, Second Department:"The mother and the father are the parents of two children, who are now seven and five...
View ArticleClik here to view.
CHILD CUSTODY - POST BROOKE S. B.
Matter of Renee P.-F. v Frank G. ,2018 NY Slip Op 03839, Decided on May 30, 2018, Appellate Division, Second Department:Joseph P. (hereinafter Joseph) and Frank G. (hereinafter Frank) were domestic...
View ArticleClik here to view.
POST ADOPTION CONTRACTS
Matter of Yasmine T. (Aeisha G.--Keisha G.), 2018 NY Slip Op 03848, Decided on May 30, 2018, Appellate Division, Second Department:"The biological mother executed separate conditional judicial...
View ArticleClik here to view.
MEDICAID APPLICATION - WHEN YOU CANNOT GET ALL THE DOCUMENTATION
Matter of Medford Multicare Ctr. v Zucker, 2018 NY Slip Op 03837, Decided on May 30, 2018, Appellate Division, Second Department:"In 2012, Louise Wick, a 91-year-old person with a guardian, was...
View ArticleClik here to view.
DEFAMATION BY FACEBOOK?
Stolatis v Hernandez, 2018 NY Slip Op 03868, Decided on May 30, 2018, Appellate Division, Second Department:"Whether a particular statement constitutes an opinion or an objective fact is a question of...
View ArticleClik here to view.
DIVORCE - REQUEST TO ALLOCATE FUTURE COLLEGE EXPENSES
Weidman v Weidman, 2018 NY Slip Op 04027, Decided on June 6, 2018, Appellate Division, Second Department:"The court, however, should have denied, as premature, the defendant's request to allocate...
View ArticleClik here to view.
VOLUNTEER LAWYERS PROJECT
Today I will be a volunteer lawyer with Nassau Suffolk Law Services at Landlord/Tenant court in Hempstead:"Volunteer Lawyers ProjectWhat is the Volunteer LawyersProject?Attorneys are encouraged to...
View ArticleClik here to view.
WHEN CAN AN EMPLOYER RECOVER ATTORNEY FEES WHEN A WHISTLEBLOWER CASE IS...
Berde v North Shore- Long Is. Jewish Health Sys., Inc., 2018 NY Slip Op 03955, Decided on June 6, 2018, Appellate Division, Second Department:"The plaintiff commenced this action to recover damages for...
View ArticleClik here to view.
A HELOC DEFAULT
This type of action can proceed to judgment quickly, unlike a mortgage foreclosure.M & T Bank v DelVecchio, 2018 NY Slip Op 03971, Decided on June 6, 2018, Appellate Division, Second Department:"In...
View ArticleClik here to view.
MORTGAGE FORECLOSURE - RPAPL 1304 AND SUMMARY JUDGMENT
US Bank N.A. v Sims, 2018 NY Slip Op 04374, Decided on June 13, 2018, Appellate Division, Second Department:"On February 13, 2006, the defendant Janice Sims (hereinafter the defendant) executed a note...
View ArticleClik here to view.
Clik here to view.
MORTGAGE FORECLOSURE - VACATING DEFAULT
U.S. Bank N.A. v Grubb 2018, NY Slip Op 04373, Decided on June 13, 2018, Appellate Division, Second Department:'The plaintiff commenced this residential mortgage foreclosure action against the...
View ArticleClik here to view.
FRAUD IN THE FAMILY
Monteleone v Monteleone, 2018 NY Slip Op 04317, Decided on June 13, 2018, Appellate Division, Second Department:"The plaintiff was born in 1978 with severe physical birth defects. In 1998, an action...
View ArticleClik here to view.
JUDICIAL REVIEW OF ARBITRATION AWARDS
Matter of O'Neill v GEICO Ins. Co., 2018 NY Slip Op 04328, Decided on June 13, 2018, Appellate Division, Second Department:"Judicial review of arbitration awards is extremely limited (see Matter of...
View ArticleClik here to view.
VACATING DEFAULT UNDER CPLR 317
Benchmark Farm, Inc. v Red Horse Farm, LLC, 2018 NY Slip Op 04522, Decided on June 20, 2018, Appellate Division, Second Department:"A defendant who has been served with a summons other than by personal...
View ArticleClik here to view.
WHEN SEEKING AN ORDER OF PRECLUSION - CPLR 3216 (3)
As noted in an earlier publication: "The CPLR 3126(3) motion to strike a pleading is premised upon establishing a willful failure to disclose; obviously, a movant’s regular and documented efforts to...
View ArticleClik here to view.
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...
View Article