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NEW YORK COURTS EMERGENCY ALERTS
New York Court Emergency Alerts provides users with critical, emergency related information and notifications such as court closings, delayed openings, or other emergency conditions. Effective on or...
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THE IMPORTANCE OF THE NOTICE OF ENTRY
Receiving a favorable order still requires a notice of entry. A party must serve a copy of an order or judgment "and written notice of its entry" (CPLR 5513[b]) to start the time limit for moving for...
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ANOTHER UNLICENSED CONTRACTOR CASE
Gomez v. Ralph, NYLJ February 20, 2020, Date filed: 2020-02-04, Court: Civil Court, Bronx Judge: Judge Bianka Perez, Case Number: CV-022411-19/BX:"FINDINGS OF FACT As per the plaintiff’s testimony, the...
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COUPLE'S ESTATE ATTORNEY CAUGHT IN DIVORCE
A question of ethics may also exist if the 2016 services affected a mutual estate plan of the 2013 services...would the attorney have the obligation to tell the wife in 2016 that her husband changed...
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POST - DIVORCE: DEFAULT CURED ONLY AFTER MOTION MADE REQUIRED PAYMENT OF...
A contract is a contract.Tara W. v. Yitzchok W., NYLJ February 24, 2020, Date filed: 2020-02-18, Court: Supreme Court, Kings, Judge: Justice Delores Thomas:"As to that branch of plaintiff’s motion...
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MORTGAGE FORECLOSURE- SUMMARY JUDGMENT DENIED
Reviewing this case on e courts, this foreclosure has been through several litigated motions. And even while the appeal of the 2017 decision was pending, the bank, in August 2019, applied for an order...
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MORTGAGE FORECLOSURE - FORUM SHOPPING?
By staying out of state courts, the foreclosure process can be accelerated. Here, the bank made the choice in the middle of the state court litigation - and it was allowed.Onewest Bank, FSB v Jach,...
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OWNER'S LIABILITY FOR AIRBNB FINE
Richard Breslaw Family LP v. NYC Dep't of Bldgs, NYLJ February 26, 2020, Date filed: 2020-02-14, Court: Supreme Court, New York, Judge: Justice Laurence Love, Case Number: 152499/2019:"......One who...
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MORTGAGE FORECLOSURE: TRIAL MOD DID NOT REVIVE DEBT
The Third Department held otherwise in a similar matter but, depending on the language in the trial modification, this would be the rule in the Second DepartmentNationstar Mtge., LLC v Dorsin 2020 NY...
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CHILD SUPPORT WHEN CUSTODY IS SHARED
Alliger-Bograd v Bograd, 2020 NY Slip Op 01315, Decided on February 26, 2020, Appellate Division, Second Department:"The defendant contends that the Supreme Court erred in determining the amount of his...
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CHILD CUSTODY - A TRIAL AND REVISING A PRIOR CUSTODY AND VISITATION ORDER
This case illustrates the degree of work, time and specificity that is required in a custody trial. The parties, at least the father, were certainly high income.See EK v. PK, 2020 NY Slip Op 50068 -...
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MORTGAGE FORECLOSURE - POST JUDGMENT ACTIONS TO SET ASIDE FORECLOSURE
Besides an appeal from the judgment of foreclosure and sale, some homeowners have tried other approaches to set aside the foreclosure. Here are two recent examples that failed.In Monterosso v Garguilo,...
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AN ORAL DOMESTIC PARTNER AGREEMENT WAS ENFORCEABLE
Breaking up is hard to do.Sheinker v Quick, 2020 NY Slip Op 20049, Decided on February 6, 2020, Appellate Term, Second Department:"In this action, plaintiff seeks to recover the principal sum of...
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HOSPITAL VISITING RIGHTS OF DOMESTIC PARTNER
Here, the domestic partner was not the designated health care proxy and it appears that the plaintiff and the blood relatives of the patient were at odds. A notice of appeal has been filed.DELISI v....
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COVID -19 AND THE NEW YORK FEDERAL COURTS
Both the Southern and Eastern District courts have new restrictions.For the Southern District, see...
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COMMENTS AND SPAM
Comments on this blog are being turned off for the time being due to spam. Comments can be made on Facebook where this blog is also...
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MORTGAGE FORECLOSURE - AGAIN THE EVIDENCE RULES APPLY IN SUMMARY JUDGMENT...
American Home Mtge. Servicing, Inc. v Carnegie, 2020 NY Slip Op 01590, Decided on March 11, 2020, Appellate Division, Second Department:"We agree with the Supreme Court's determination, upon...
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UPDATED PROTOCOL FOR NY COURTS
Only essential matters will be handled starting 5pm today. See https://www.nycourts.gov/whatsnew/pdf/Updated-Protocol-AttachmentA2.pdfFrom http://jmpattorney.blogspot.com/
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FOR THIS HEALTH CRISIS......
The New York Health Care Proxy Law allows you to appoint someone you trust — for example, a family member or close friend – to make health care decisions for you if you lose the ability to make...
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FOR THIS HEALTH CRISIS - NYS SUSPENSION OF CERTAIN DEBTS
From Governor Cuomo:"Governor Andrew M. Cuomo and Attorney General Letitia James today announced that — effective immediately — the state will temporarily halt the collection of medical and student...
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