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DOMESTIC VIOLENCE SURVIVORS JUSTICE ACT
From May 11:"Governor Andrew M. Cuomo today signed the Domestic Violence Survivors Justice Act (S.1077/ A.3974), a bill that codifies more meaningful sentence reductions for domestic abuse survivors in...
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DIVORCE - MAKING MERITLESS MOTIONS AND APPEALS
According to e courts, this case has had 9 motions filed. Husband is appearing pro se.Patouhas v Patouhas 2019 NY Slip Op 03978 Decided on May 22, 2019 Appellate Division, Second Department:"The...
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BUYING A HOUSE - WITH MOLD
A true case of Buyer's remorse - in the lower court's decision, it is noted that the buyer also, pursuant to Section 465 of the Property Condition Disclosure Act ("PCDA"), agreed to accept the$500...
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NEIGHBORS AS NUISANCE - AND THEIR DOGS
The lesson here is that every plaintiff who makes a claim may expect a counterclaim.Allen v. Powers, NYLJ, May 28, 2019, Date filed: 2019-04-01, Court: City Court, Albany ,Judge: Judge Thomas Marcelle,...
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THE RISK TO A SELLER WHO WON'T SELL..AND A BUYER WHO WON'T WALK AWAY
As the court noted in the companion appeal, the elements of a cause of action for specific performance of a contract for the sale of real property are that the plaintiff substantially performed its...
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WHAT IS A REASONABLE EXCUSE FOR A CORPORATION TO DEFAULT
Corporations can be served through service of the Secretary of State so it is important to have a current address on record to have Albany send you the summons and complaint.Dove v 143 Sch. St. Realty...
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MORTGAGE FORECLOSURE - FORBEARANCE AGREEMENT REVOKED ELECTION TO ACCELERATE
U.S. Bank Trust, N.A. v Rudick, 2019 NY Slip Op 04218, Decided on May 29, 2019, Appellate Division, Second DepartmentThe plaintiff is the current holder of a note in the amount of $2,470,033 dated...
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A MODIFIED SEPARATION AGAREEMENT
The safer practice is to have the modification acknowledged. Standard provision I have utilized states "Neither this Agreement nor any provision hereof, including this Article, shall be amended, waived...
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ONE YEAR TO ENTER JUDGMENT ON DEFAULT
Of course, the question is: what constitutes a reasonable excuse for the more than one year delay.Deutsche Bank Natl. Trust Co. v Booker, 2019 NY Slip Op 04356, Decided on June 5, 2019, Appellate...
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FOR PRO BONO MATRIMONIAL RETAINER AGREEMENTS
The Judicial Departments of the Appellate Division of the New York State Supreme Court amended, effective June 1, 2019, the Statement of Client's Rights and Responsibilities (to be used only when...
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A DE FACTO DISCONTINUANCE
It appears that although a foreclosure action is not formally discontinued, the effective abandonment of that action is a "de facto discontinuance" which militates against dismissal of the new action...
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DELAY IN SUBSTITUTION LEADS TO DISMISSAL
Justice delayed may mean justice is denied.Silberstein v Silberstein Awad & Miklos, P.C. , 2019 NY Slip Op 04438, Decided on June 5, 2019, Appellate Division, Second Department:"CPLR 1021 requires...
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FOR PRO SE HOMEOWNERS IN FORECLOSURE
From June 4, 2019 Press Release:"The court system’s Office of Justice Initiatives and Office of Policy and Planning today announced an online program to assist homeowners in residential foreclosure...
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A CHILD'S RIGHT TO APPEAL A CUSTODY DETERMINATION
The child was a female around 16 years old when the Family Court made a decision on a change of custody.Matter of Newton v McFarlane, 2019 NY Slip Op 04386, Decided on June 5, 2019, Appellate Division,...
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DIVORCE - AWARDING INTERIM COUNSEL FEES
An interesting note to this case: the wife's lawyers withdrew as counsel after the trial court denied the application for additional interim counsel fees. It was the law firm who appealed as a...
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BE A STUDENT MENTOR
Here I am with a student I mentored this year.One of the volunteer opportunities for Nassau County Bar Association members is to become a Student Mentor. Student Mentors provide valuable adult guidance...
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AUGUST 2 ON CHAMBER CHATTER
August 2 on Chamber Chatter, Mark Snider is joined by Andrew Lamkin - President of the Plainview Old Bethpage Chamber of Commerce and owner of the Law Office of Andrew M. Lamkin, Jenny Jorge -...
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LICENSE TO ENTER ADJOINING PROPERTY GRANTED
RPAPL 881 provides:When an owner or lessee seeks to make improvements or repairs to real property so situated that such improvements or repairs cannot be made by the owner or lessee without entering...
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