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ONLY LIMITED DISCLOSURE OF DIGITAL ASSETS TO FIDUCIARY ABSENT A SPECIFIC...
The better practice is, if it is your desire, to address disclosure of your full digital assets via a will, trust or other record. Estate of Murray, NYLJ October 21, 2019, Date filed: 2019-09-30....
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A NYC COURT ADDRESSES DEFAULT JUDGMENTS
Parkchester Pres. Co. v. Jobartech, NYLJ October 22, 2019, Date filed: 2019-10-11, Court: Civil Court, Bronx, Judge: Judge Brenda Rivera, Case Number: 1754-18:"It is significant to note that the...
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THE HIGH COST OF LITIGATION AND RES JUDICATA/COLLATERAL ESTOPPEL
In this matter, a dispute over approximately $13,000 in legal fees has been litigated in 4 courts.Kleinman v Weisman Law Group, P.C., 2019 NY Slip Op 07573, Decided on October 23, 2019, Appellate...
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A FAILURE TO REPORT CAR ACCIDENT EXCUSES COVERAGE
If you decide to file a claim, time may be of the essenceMatter of Progressive Direct Ins. Co. v Ostapenko, 2019 NY Slip Op 07586, Decided on October 23, 2019, Appellate Division, Second...
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NOT A JURISDICTIONAL DEFECT
US Bank Nat'l Ass'n v. Tran, NYLJ October 16, 2019, Date filed: 2019-10-03, Court: District Court, Nassau, Judge: Judge Scott Fairgrieve, Case Number: LT-003391-19: "Respondent states that RPAPL 713(5)...
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MARIJUANA IN THE LAW
Matter of Weiss v County of Nassau, 2019 NY Slip Op 07594, Decided on October 23, 2019, Appellate Division, Second Department:"In 2013, the petitioner took the Police Service Aide Trainee Examination...
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120 DAYS AFTER COMMENCEMENT
CPLR 306-b provides: "Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or order to show cause shall be made within one...
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COURT DISCRETION IN CHILD CUSTODY
Most interesting is that the court appointed a forensic but did not appoint an attorney for the child.Ambrose v Ambrose, 2019 NY Slip Op 07757, Decided on October 30, 2019, Appellate Division, Second...
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ETHICS IN LAW - REPORTING PROFESSIONAL MISCONDUCT
In the New York Rules of Professional Conduct, Rule 8.3 provides, in pertinent part:"(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that...
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FREE MORTGAGE FORECLOSURE CLINIC TODAY
→ Reservations are required by calling the Bar Association at 516-747-4070. Please bring any documents. Attorneys fluent in other languages are available upon request when reserving.All clinics are 3-6...
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IF YOU WORK, YOU STILL GET TIME TO VOTE
NYS Election Law 3-110 1. A registered voter may, without loss of pay for up to three hours, take off so much working time as will enable him or her to vote at any election. 2. The employee shall be...
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WHEN YOU TERMINATE AN EMPLOYEE - PART 1
A written notice is required.New York Labor Law Section 195 provides:"Every employer shall:6. notify any employee terminated from employment, in writing, of the exact date of such termination as well...
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WHEN YOU TERMINATE AN EMPLOYEE - PART 2
Recalling yesterday's post about New York Labor Law Section 195 (6) requiring written notice of termination, etc., it also provided that "Failure to notify an employee of cancellation of accident or...
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FAILURE TO PAY ADDITIONAL COMPENSATION IS AN IMPROPER DEDUCTION FROM WAGES
ZINNO v. SCHLEHR, 2019 NY Slip Op 6232 - NY: Appellate Div., 4th Dept. 2019:Plaintiff, a former employee of defendant medical group, commenced this action seeking to recover, inter alia, "additional...
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A SALUTE TO...
From the Department of Defense: "Veterans Day is a well-known American holiday, but there are also a few misconceptions about it — like how it’s spelled or whom exactly it celebrates. To clear some of...
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RPAPL 1304 DEFENSE NOT PROVEN
An example of where a court feels that documents speak louder than words.JPMorgan Chase Bank, N.A. v Skluth, 2019 NY Slip Op 07886, Decided on November 6, 2019, Appellate Division, Second...
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DELAYS IN CONSTRUCTION CONTRACTS AND EXCULPATORY CLAUSES
Arnell Constr. Corp. v New York City Sch. Constr. Auth., 2019 NY Slip Op 07887, Decided on November 6, 2019, Appellate Division, Second Department:"Generally, contract clauses barring a contractor from...
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DIVORCE AND MARITAL RESIDENCE
Here the parties were married in 2000; the rest of the facts are set forth below.Santamaria v Santamaria, 2019 NY Slip Op 08239, Decided on November 13, 2019, Appellate Division, Second Department:"The...
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ADOPTEES' RIGHT TO RECEIVE BIRTH CERTIFICATE
Just signed into law yesterday. Below are the memorandums from the NYS senate bill :"BILL NUMBER: S3419SPONSOR: MONTGOMERY TITLE OF BILL: An act to amend the public health law and the domesticrelations...
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AN AMBIGUOUS DIVORCE AGREEMENT
Abadi v Abadi, 2019 NY Slip Op 08168, Decided on November 13, 2019, Appellate Division, Second Department:"We agree with the Supreme Court's determination that the postnuptial agreement was ambiguous...
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