Clik here to view.
ESTATE PLANNING DURING THIS HEALTH CRISIS
What estate planning documents can be prepared and executed during this crisis? A morbid topic but with the death toll in New York approaching 3000, this can be a concern for those who have never...
View ArticleClik here to view.
WHEN LOANING MONEY IN A NON-MARITAL RELATIONSHIP
One doesn't need to be married to have a bad relationship and a dispute over money. MEIXUAN WU, Plaintiff, v. MATTHEW GESSLER, Defendant., 2020 NY Slip Op 50196(U), CV-2067/15. Civil Court, of the City...
View ArticleClik here to view.
PASSOVER GREETINGS AND MORE
Yesterday, the Governor signed Executive Order 202.14 to continue the modification and suspension of laws relating to the disaster emergency. In addition to several other provisions addressing the...
View ArticleClik here to view.
AND THE LATEST COVID DEVOLPMENTS IN NY
Most notable ones are per Executive Order 202.14, dated April 7, 2020:1. Allowing video execution of wills2. Designation of standby guardian for parents exposed to Covid 19.3. Tolling extended to May...
View ArticleClik here to view.
WHAT IS A NUISANCE CLAIM FOR EVICTION PURPOSES
Another factor in this case was that the landlord waited 8 months after the fire incident before it sought to terminate the tenancy.Riverbay Corp. v. Scott, 2020 NY Slip Op 50366 - NY: County Court,...
View ArticleClik here to view.
Clik here to view.
TO ASSIST LONG ISLAND RESIDENTS
I have joined this Facebook group page sponsored by Newsday and it can be found at: (https://www.facebook.com/groups/2592179997719700/) The purpose of the group: "We're living in extraordinary times...
View ArticleClik here to view.
RENT OVERCHARGES UNDER THE JUNE ACT ADDRESSED BY COURT OF APPEALS
While we were in the beginning throes of the health crisis and tenants began to wonder how they will pay their rent, a reminder that 2 weeks ago, the New York Court of Appeals struck down the...
View ArticleClik here to view.
GUARDIANSHIP DISPUTE REVEALS FAMILY TURMOIL
A family torn apart.In the Matter of Annamarie O., NYLJ 2020-04-03, Court: Surrogate's Court, Richmond, Judge: Surrogate Matthew Titone, Case Number: G-64/92:"Upon the death of a caregiver and court...
View ArticleClik here to view.
RECOVERY FROM DRUGS AND CHILD CUSTODY/VISITATION
"It’s no secret that drug use is looked down on by society. The War on Drugs has created a negative and stigmatizing environment for those who struggle with addiction. Can the stigma that surrounds...
View ArticleClik here to view.
CHILD CUSTODY - YES IT CAN GET THIS BAD
The stuff that nightmares are made of.Matter of Eddie S. v. Sylvia S, . NYLJ March 23, 2020, Date filed: 2020-02-26, Court: Family Court, Bronx, Judge: Judge Aija Tingling:"This decision renders a...
View ArticleClik here to view.
THE DISSENT IN THE POSTMATES CASE
This decision is apparently pre-COVID so what will be the future of the "gig economy" is anyone's guess. Only the dissent is being presented here.MATTER OF VEGA (POSTMATES INC.—COMMISSIONER OF LABOR),...
View ArticleClik here to view.
RELITIGATING BAD PUBLICITY IS A BAD IDEA
'There's no such thing as bad publicity' is often associated with Phineas T. Barnum, the 19th century American showman and circus owner. But in these days of the web, Yelp, Google, etc., that may not...
View ArticleClik here to view.
DEFENDING A COLLECTION CASE ON LACK OF SERVICE GROUNDS
When this crisis is over, expect a lot of collection actions and expect a lot of defendants to claim they were never served. Now in this case, from 8:48pm to 9:20pm, or in 32 minutes, the process...
View ArticleClik here to view.
TOO LATE FOR RPAPL 1302-A
According to e courts, no notice of appeal was filed.JPMorgan Chase Bank, NA v. Carducci, 2020 NY Slip Op 20072 - NY: Supreme Court, Westchester County, March 10, 2020:"Initially, the bank made the...
View ArticleClik here to view.
ARTICLE 17-A GUARDIANSHIP NOT AUTOMATIC
In New York State, when a person becomes 18 years old they are assumed to be legally competent to make decision for themselves. This means no other person is allowed to make a personal, medical or...
View ArticleClik here to view.
MY EXPERIENCE WITH VIDEO NOTARIZATION
As you know, as part of Executive Order 202.7, electronic notarization is permitted under the following circumstances and now expires May 7,2020:"Any notarial act that is required under New York State...
View ArticleClik here to view.
WHEN THE ATTORNEY FOR THE CHILD DISAGREES WITH CPS AND TAKES OVER
In this case, CPS withdrew its neglect petition but the attorney for the child was permitted to adopt it and continue the proceeding, which was granted by the Family Court but reversed by the Third...
View ArticleClik here to view.
COVID AND CHILD CUSTODY
Was this case decided in the spirit of the letter published in the NYLJ on March 27 from Judge Sunshine of Supreme Court (see...
View ArticleClik here to view.
MORE ON COVID AND CHILD CUSTODY
In this case, the court handles a similar situation (note the case posted yesterday) in a different manner...I also note how the court approaches the issue of attorneys fees and that this litigation is...
View Article