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PRIOR EVICTION RECORDS AND POTENTIAL TENANT
The Housing Stability and Tenant Protection Act of 2019 created a new Real Property Law 227-f. This provision states that no landlord may refuse to rent or offer a lease to a potential tenant on the...
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TEXT OF NEW YORK ANTI-DECLAWING LAW
It can be found in Article 26 of the Agriculture and Markets Law:"Agriculture and Markets § 381. Prohibition of the declawing of cats.1. No person shall perform an onychectomy (declawing), partial or...
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SPOLIATION
In 2009, plaintiff's truck was damaged by defendant. The action was commenced in 2010. In 2014, defendants demanded to inspect the truck. Plaintiff failed to comply and revealed in 2016 that the truck...
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ON EMPLOYMENT DISCRIMINATION
Concha v. Purchase College State University of New York et al, No. 7:2017cv08501 - Document 55 (S.D.N.Y. 2019):A. Discrimination under Title VII, § 1983 andNYSHRLTitle VII makes it unlawful “to fail...
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DIVORCE - THE MARITAL RESIDENCE AND THE MORTGAGE
This case illustrates a common problem when one spouse agrees to relinquish their interest in the marital residence to the other spouse but the house is subject to a mortgage.Lainez v Orellana, 2019 NY...
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CONGRATULATIONS
My retired law partner, Gerald B. Weiner, and his wife Dana who got married on July 26From http://jmpattorney.blogspot.com/
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PROBATE DISPUTES AND IN TERROREM CLAUSE
Not all blended families work out like they do on TV - as this probate proceeding demonstrates.Matter of Sochurek, 2019 NY Slip Op 05987, Decided on July 31, 2019, Appellate Division, Second...
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BASIC CONTRACT INTERPRETATION RULES
"The shorter and the plainer the better." ~ Beatrix PotterAtlantic Shores Bldrs. & Devs., Inc. v Federico, 2019 NY Slip Op 05950, Decided on July 31, 2019, Appellate Division, Second Department:""...
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TOO MANY CONTRACTS CAN SPOIL THE BROTH
Here there were so many contracts between the parties that had inconsistent language: another type of battle of the formsCounty of Nassau v Technology Ins. Co., Inc., 2019 NY Slip Op 05954, Decided on...
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FOR LONG ISLAND CHAMBERS OF COMMERCE
On August 2, I was one of the guests on an episode of the radio show Chamber Chatter. Chamber Chatter is a monthly round table discussion with today's Long Island business leaders, hosted by Mark...
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FORECLOSURE FAILS DUE TO ABANDONMENT
A failure to secure a default judgment within one year has consequences under CPLR 3215 (c).HSBC Bank USA, N.A. v Slone, 2019 NY Slip Op 05963, Decided on July 31, 2019. Appellate Division, Second...
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DIVORCE, PENSIONS, CARRYING CHARGES, IMPUTED INCOME
Burke v Burke, 2019 NY Slip Op 06060, Decided on August 7, 2019, Appellate Division, Second Department:"The parties were married in 1992. They have four children, born between 1992 and 1998. The...
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ECONOMIC ABUSE AS DOMESTIC VIOLENCE - NEW YORK STATE BILL
Governor Andrew M. Cuomo yesterday signed three pieces of legislation expanding protections for victims of domestic violence. One of these measures broaden the definition of the crime of domestic...
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MORTGAGE FORECLOSURE - DELAY IN SEEKING DEFAULT JUDGMENT
Justice delayed through one's own actions may mean justice denied.Bank of Am., N.A. v Santos, 2019 NY Slip Op 06056, Decided on August 7, 2019, Appellate Division, Second Department:"In October 2009,...
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NEW WORKPLACE PROTECTIONS SIGNED INTO LAW
Governor Andrew M. Cuomo yesterday signed legislation (S.6577/A.8421) to enact sweeping new workplace harassment protections. The following is from the Senate Bill: "PURPOSE OR GENERAL IDEA OF...
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PRE-ACTION DISCLOSURE
One of the disclosure devices is CPLR 3102 (c) which provides: "Before action commenced. Before an action is commenced, disclosure to aid in bringing an action, to preserve information or to aid in...
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USURY DEFENSE NOT AVAILABLE TO CORPORATION
Is a corporation a person? Not when it comes to the defense of usury.Principis Capital LLC v FNI Healthcare, Inc., 2019 NY Slip Op 51202(U), Decided on July 18, 2019, Supreme Court, New York County,...
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ERRONEOUS DISCHARGE OF MORTGAGE
Recently, I conferred with a client, who was in foreclosure, and they had discovered a satisfaction of mortgage was filed - yet admitted that they did not pay off the mortgage. So this situation is not...
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MORTGAGE FORECLOSURE - NECESSARY EVIDENCE FOR SUMMARY JUDGMENT
The rules of evidence do apply to summary judgment motions.U.S. Bank N.A. v Cope, 2019 NY Slip Op 06111, Decided on August 7, 2019, Appellate Division, Second Department:""Generally, in moving for...
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