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NEW YORK'S MINIMUM WAGE HIKE FOR 2019
This can be found in Section 652 of the New York Labor Law. Here is the provision for Long Island and Westchester:Section 652 (b) New York Labor Law:"Remainder of downstate. Every employer shall pay...
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MORTGAGE FORECLOSURE - STATUTE OF LIMITATIONS DEFENSE
Ventures Trust 2013-I-H-R v Chitbahal, 2018 NY Slip Op 08346, Decided on December 5, 2018, Appellate Division, Second Department:"The plaintiff seeks to foreclose a mortgage on the subject premises,...
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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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POST - SANDY CLAW-BACK LITIGATION
Newsday reports today the settlement of an action against the Town of Oyster Bay Supervisor in a Sandy claw-back action.The Housing Trust Fund Corp. is a state agency that administers the New York...
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MORTGAGE FORECLOSURE - IMPROPER SERVICE REVERSES JUDGMENT FOR TRAVERSE HEARING
Federal Natl. Mtge. Assn. v Alverado, 2018 NY Slip Op 08918, Decided on December 26, 2018, Appellate Division, Second Department:"In an action to foreclose a mortgage, the defendants Rudy E. Alverado...
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DIVORCE - INTERIM LEGAL FEES
Skokos v Skokos, 2019 NY Slip Op 00158, Decided on January 9, 2019, Appellate Division, Second Department:"Domestic Relations Law § 237(a) provides that in any action for a divorce, "the court may...
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MORE ON FAMILY EVICTION
Yu v. Zhan, NYLJ 1/9/19, Date filed: 2018-12-18, Court: District Court, Nassau, Judge: Judge Scott Fairgrieve, Case Number: LT-004391-18NA:"Generally, and with limited exceptions, a family member may...
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MORTGAGE FORECLOSURE - STATUTE OF LIMITATIONS AND ACCELERATION ISSUES
In this recent case, the court provides a survey of many of the most recent Second Department cases on the issues of acceleration and de-acceleration follows.Sharova v. Wells Fargo Bank, NYLJ 1/10/19,...
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DIVORCE - ALLOCATION OF MARITAL DEBT
Lynch v Lynch, 2019 NY Slip Op 00105, Decided on January 9, 2019, Appellate Division, Second Department:"The plaintiff claims that the Supreme Court erred in various respects in its allocation of...
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PRESCRIPTIVE EASEMENT
A “prescriptive easement” is a permanent legal right to use the real property belonging to another person, and is a form of “adverse possession.”Bedik Corp. v. Herrick Rd. Holdings, NYLJ 1/16/19, Date...
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ADMINISTRATIVE REVIEW IN ARTICLE 78 PROCEEDINGS
MATTER OF HAUG v. STATE UNIVERSITY OF NEW YORK AT POTSDAM, 2018 NY Slip Op 6964 - NY: Court of Appeals 2018:"This article 78 proceeding was transferred to the Appellate Division to address, inter alia,...
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ELDER ABUSE
Matter of Reyes v Reyes, 2019 NY Slip Op 00283, Decided on January 16, 2019, Appellate Division, Second Department:"The petitioner, age 86, commenced this family offense proceeding against the...
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DEFAMATION AT A PUBLIC HEARING
Some things are better not said in anger.Gugliotta v Wilson, 2019 NY Slip Op 00261, Decided on January 16, 2019, Appellate Division, Second Department:"The plaintiff and the defendant are neighbors in...
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MAKING A PROPER RENT DEMAND
Although a non-payment is a summary proceeding, the paper work should not be prepared in a summary fashion.EOM 106-15 217th Corp. v. Severine, NYLY January 23, 2019, Date filed: 2019-01-11 Court:...
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CERTAIN DEFENSES FOR CREDIT CARD DEBT ACTIONS MAY BE AVAILABLE
A credit card company has two causes of action for credit card debt but when credit card agreements are changed due to mergers, etc., certain defenses may be available for certain causes of...
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BREACH OF CONTRACT OR UNJUST ENRICHMENT?
At some point, a choice must be made as to an election of remedies. An unjust enrichment claim, also known as a quasi-contract or an implied contract, is meant to apply where there is no contract...
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