Clik here to view.
FREE CLINIC FOR VETERANS TODAY
I will be one of the volunteer lawyers from 1pm - 2:30pm.From http://jmpattorney.blogspot.com/
View ArticleClik here to view.
FREE HOUSING IN LIEU OF CHILD SUPPORT?
I found the facts of this case interesting.Herbert v. Maranga, NYLJ November 07, 2019, Date filed: 2019-10-24, Court: Appellate Term, First Department. Judge: Per Curiam, Case Number:...
View ArticleClik here to view.
NOT A HOSTILE WORK ENVIRONMENT?
It depends - actions can be despicable but not deemed a hostile work environment.Lawrence v. Chemprene, Inc., No. 18-CV-2537 (CS) (S.D.N.Y. Oct. 24, 2019) :"B. Hostile Work Environment Defendants argue...
View ArticleClik here to view.
NEIGHBOR'S DISPUTE ON WATER RUNOFF BARRED BY STATUTE OF LIMITATIONS
Perhaps he could have resolved this earlier.Ubiles v. Ngardingabe, NYLJ November 21, 2019, Date filed: 2019-10-31, Court: Supreme Court, New York, Judge: Justice Arlene Bluth. Case Number:...
View ArticleClik here to view.
Clik here to view.
YELLOWSTONE, IF NOT WAIVED, STILL LIVES
Although the right to bring a Yellowstone injunction can be waived (159 MP Corp. v Redbridge Bedford, LLC 2019, NY Slip Op 03526, Decided on May 7, 2019 ,Court of Appeals DiFiore, J.), in this case,...
View ArticleClik here to view.
FOR THE HOLIDAY
"On October 6, 1941, the House passed a joint resolution declaring the last Thursday in November to be the legal Thanksgiving Day. The Senate, however, amended the resolution establishing the holiday...
View ArticleClik here to view.
MORTGAGE FORECLOSURE - A SUCCESSFUL STANDING DEFENSE
HSBC Bank USA, N.A. v Williams, 2019 NY Slip Op 08554, Decided on November 27, 2019, Appellate Division, Second Department:"On December 21, 2004, the defendant Kirk Williams executed a note in the...
View ArticleClik here to view.
PARTY FAILS TO COMPLY WITH DISCOVERY ORDERS
If the credibility of court orders and the integrity of our judicial system are to be maintained, a litigant cannot ignore court orders with impunity.HSBC Bank USA, N.A. v Branker 2019 NY Slip Op 08555...
View ArticleClik here to view.
MORTGAGE FORECLOSURE - RPAPL 1304 ON APPEAL
Once again this homeowner defense prevails on appeal.HSBC Bank USA, N.A. v Sawh, 2019 NY Slip Op 08556, Decided on November 27, 2019. Appellate Division, Second Department:"On January 5, 2007, the...
View ArticleClik here to view.
NEW RULES - LANDLORD HARASSMENT OF RENT REGULATED TENANTS HAVE CRIMINAL...
The penal law has been amended to better protect tenants from the egregious misconduct of unscrupulous landlords by broadening the definition of the class E felony offense of Harassment of a Rent...
View ArticleClik here to view.
THE LONG ARM OF NEW YORK JURISDICTION
A New York bank account is transacting business.Skutnik v Messina, 2019 NY Slip Op 08725, Decided on December 4, 2019, Appellate Division, Second Department:"The plaintiff commenced this action to...
View ArticleClik here to view.
MY MOTHER - IN MEMORY OF
My mother Lila Probstein passed away at 94 so please excuse this form of notice as, between all the arrangements, I am unable to make the calls I would like to have made. We will be having a private...
View ArticleClik here to view.
THE RETURN OF YELLOWSTONE
Awaiting signature by the Governor is S5614 which adds a new section 235-h to the real property law and prohibits commercial leases from including a waiver of the right to a declaratory judgment action...
View ArticleClik here to view.
AWARDING ATTORNEY FEES IN A MATRIMONIAL
Litigation can be costly in a divorce when the income/asset spouse unnecessarily and aggressively prolongs the litigation.Klein v Klein, 2019 NY Slip Op 08836, Decided on December 11, 2019, Appellate...
View ArticleClik here to view.
AMENDMENT TO LIMITED LIABILITY LAW
Effective within 60 days, subdivision (c) of section 609 of the Limited Liability Company Law shall be amended. According to the Senate bill "Limited Liability Company Law § 609 imposes liability for...
View ArticleClik here to view.
UNEMPLOYMENT INSURANCE - DOCUMENTING THE NEED FOR ACCOMODATION
Matter of Pham (Sperber, Denenberg & Kahan, PC-Commissioner of Labor), State of New York Supreme Court, Appellate Division Third Judicial Department, Decided and Entered: December 12, 2019, Index...
View ArticleClik here to view.
E FILING ELIMINATES EXCUSE FOR DEAFULT
E Filing is convenient but it also negates a lack of notice.U.S. Bank, N.A. v Essaghof, 2019 NY Slip Op 08888, Decided on December 11, 2019, Appellate Division, Second Department:"We agree with the...
View ArticleClik here to view.
GUN SAFETY IN NEW YORK - ARTICLE 63-A OF CPLR
Effective August 24, 2019, Article 63-A of the CPLR was enacted giving certain individuals and institutions the right to seek an "Extreme risk protection order", defined as a court-issued order of...
View ArticleClik here to view.
GUARDIANS DO NOT HAVE AUTHORITY TO START A DIVORCE PROCEEDING
This is the law as it continues today.DE v. PA, 2016 NY Slip Op 51230 - NY: Supreme Court 2016:"However, defendant also contends that Ms. K. cannot maintain this divorce action for plaintiff, as the...
View Article