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TRYING TO AVOID DEBT - SUCCESSOR LIABILITY
It may be a new name, but it's the same business trying to avoid debt.Jack Williams Tire Co. v. The Tire Pl. of Queens Ltd., NYLJ 1/24/19, Date filed: 2019-01-15, Court: Supreme Court, Queens, Judge:...
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WHEN A SAFETY DEPOSIT BOX IS NOT THAT SAFE...FROM A CREDITOR
Creating a joint tenancy may affect a creditor's right to enforce a judgment.Matter of New York Community Bank v. Bank of Am. N.A., NYLJ 1/29/19, Date filed: 2019-01-24, Court: Appellate Division,...
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MORTGAGE FORECLOSURE - A SUCCESSFUL STANDING DEFENSE IN FIRST ACTION DEFEATS...
This is an example of where a homeowner won a battle but lost the war. It illustrates a problem of asserting the standing defense.US Bank Trust, N.A. v Williams, 2019 NY Slip Op 00634, Decided on...
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MORTGAGE FORECLOSURE - RPAPL 1304 PROOF OF MAILING
The rules of evidence apply to motions for summary judgment,Wells Fargo Bank, N.A. v Moran, 2019 NY Slip Op 00637, Decided on January 30, 2019, Appellate Division, Second Department:"Proper service of...
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STANDING DEFENSE WAIVED BUT REVIVED
This mistake was costly as the bank appears to have "waived the waiver." A drafting suggestion may have been: "The standing defense was waived as defendant did not raise it in a pre-answer motion to...
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DIVORCE - FAMILY TRUST
In this case, the parties established a family trust with funds allegedly held from Wife's separate accounts and now Wife wants a distribution. With high income or asset families, or with grey...
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CHILD CUSTODY - DETERMINATION OF PARENTHOOD IN NON-TRADITIONAL FAMILIES
This is from the NYLJ Case Digest Summary - The Appellate Division remanded this case to consider equitably estopping the biological mother from denying her former partner's parentage of her son. The...
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BUSINESS OWNER LIABILITY FOR THIRD PARTY ASSAULTS TO PATRONS
For a business, sometimes what happens outside the premises can be a liability. This was discussed in an earlier blog post with respect to landlords. See...
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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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DOMESTIC VIOLENCE VICTIMS AND LEASE LIABILITY
RIVERWALK ON THE HUDSON, INC. v. Culliton, 2018 NY Slip Op 28350 - NY: City Court 2018:"Beginning with statutory defenses, RPL 227-c provides a method for victims of domestic violence to terminate a...
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WHEN IS AN INTERN AN EMPLOYEE?
Velarde v. GW GJ, INC., Court of Appeals, 2nd Circuit, February 5, 2019:"In Glatt v. Fox Searchlight Pictures, Inc., 811 F.3d 528 (2d Cir. 2015), we addressed the application of certain federal and...
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WHEN A PARTY DIES DURING A LITIGATION
This action started in 2014. A motion was made in 2017 after two of the defendants passed way.U & Me Homes, LLC v County of Suffolk, 2019 NY Slip Op 01119, Decided on February 13, 2019. Appellate...
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STATEMENT OF CLIENT'S RIGHTS AND RESPONSIBILITIES HAS BEEN REVISED
Effective today, February 15, 2019, the "Statement of Client's Rights and Responsibilities" has been revised. An attorney shall provide a prospective client with a statement of client's rights and...
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PRESIDENTS DAY OR UNIFORM MONDAY ACT DAY?
The Uniform Monday Holiday Act (Pub. L. 90–363, 82 Stat. 250, enacted June 28, 1968) is an Act of Congress that amended the federal holiday provisions of the United States Code to establish the...
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CLARIFICATION ON STATEMENT OF CLIENT'S RIGHTS AND RESPONSIBILITIES
As reported on February 15, effective that date, the "Statement of Client's Rights and Responsibilities" has been revised (22 NYCRR § 1400.2) for matrimonial actions only. 22 NYCRR § 1400 is for...
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DISPUTE OVER ATTORNEY FEES FOR A DISCHARGED ATTORNEY IN DIVORCE
Sometimes, the attorney/client relationship breaks down just like the marital relationship.Rhodes v Rhodes, 2019 NY Slip Op 01113, Decided on February 13, 2019, Appellate Division, Second...
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PAYING RENT LATE FOR HABITUAL BREACH OF WARRANTABILITY
The tenants here did not owe any rent, only late fees--charged 31 of 34 times they paid rent late. ANd they did this intentionally to prod the landlord to get work done as the wood floor sagged, the...
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MORTGAGE FORECLOSURE: STATUTE OF LIMITATIONS DEFENSE NOT AVAILABLE
Wells Fargo Bank v. Rodriguez, NYLJ 2/21/19, Date filed: 2019-01-25, Court: Supreme Court, Queens, Judge: Justice Denis Butler, Case Number: 716731/2017:"The initial date of default upon the loan was...
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MORE ON SOCIAL MEDIA DISCOVERY
I read about this case in last weeks NYLJ. Social Media can be discoverable with reasonable limitations.Vasquez-Santos v Mathew, 2019 NY Slip Op 00541, Decided on January 24, 2019, Appellate Division,...
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ISSUES WITH FORECLOSURE RESCUE FIRM
Ramirez v Donado Law Firm, P.C., 2019 NY Slip Op 01244, Decided on February 20, 2019, Appellate Division, Second Department:"The plaintiffs allegedly were the victims of a foreclosure rescue scam...
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