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COVID AND THE COURT AND CHILD CUSTODY AND CONTEMPT
Chu v. Lin, NYLJ May 29, 2020, Date filed: 2020-05-18, Court: Supreme Court, New York, Judge: Justice Matthew Cooper, Case Number: 306949/2018:"When in the future people speak of the New York State...
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DIVORCE AND COLLEGE EXPENSES
Little kids, little problems; big kids, big problems - this rule also applies in matrimonial matters and in this case, the big problem is college expenses.Tucker v Tucker, 2020 NY Slip Op 50575(U),...
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MORTGAGE FORECLOSURE - THE ACCELERATION DISPUTE
What I found interesting about this case, in addition to whether the notice of default was an actual acceleration of the debt, are the facts of this case. The appellant corporation bought the house...
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CHILD CUSTODY, TEENAGERS & FORENSIC REPORTS
A child between 17 and 21 who has left home and refuses to obey parents' reasonable commands can be considered "emancipated" by a court. In that case, child support might not have to be paid. But what...
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CONTRACT LAW - THE DOCTRINE OF DEFINITENESS
When writing contracts, ambiguous terms may defeat the whole purpose of the agreement.Vizel v Vitale, 2020, NY Slip Op 03140, Decided on June 3, 202, Appellate Division, Second Department:"In 2010, the...
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AN ACTION AGAINST LANDLORD IN SMALL CLAIMS FOR COCKROACH INFESTATION
According to RPL 235-B Warranty of habitability:"3. In determining the amount of damages sustained by a tenant as a result of a breach of the warranty set forth in the section, the court;(a) need not...
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MORTGAGE FORECLOSURE - THE BUSINESS RECORDS RULE
Rules of evidence apply in motions.Ventures Trust 2013-1-H-R by MCM Capital Partners, LLC v Zaks, 2020 NY Slip Op 03262, Decided on June 10, 2020, Appellate Division, Second Department;"On August 2,...
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DOES A DISCONTINUANCE DE-ACCELERATE LOAN DEBT
An excellent discussion of the who, what, whys, etc. of acceleration and de-acceleration.CHRISTIANA TRUST v. BARUA, 2020 NY Slip Op 3095 - NY: Appellate Div., 2nd Dept. 2020:"II. The Effect of...
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ANOTHER COVID AND CHILD CUSTODY MATTER
Reading between the lines here, there is a pending motion to relocate and if granted, the non-custodial parent with supervised visitation will have significant parenting time concerns.A.S. v. H.R.,...
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THE RIGHT OF SEPULCHER
It would appear that the two co-guardians did not get along while the ward was alive and the dispute continued after the ward's death. Although the court talks about a several hour delay in locating...
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FIGHTING OVER DECISION MAKING
Some non-custodial parents push for joint legal custody/decision making when their real motive is to use it as a veto power. When parties cannot get along and cooperate, one parent should be deemed the...
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WHEN A RELATIONSHIP ENDS AND A FAMILY OFFENSE BEGINS
One of the hardest things to let go of following the end of a relationship is anger. But that can have consequences as this case illustrates.Matter of Richardson v Hawker, 2020 NY Slip Op 03392,...
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BACK TO NORMAL WITH EVICTIONS?
New York State Chief Administrative Judge Lawrence K. Marks on Thursday issued new guidance for residential and commercial eviction proceedings in the state, delaying hearings in new cases as well as...
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THE RING WAS A GIFT IN CONTEMPLATION OF MARRIAGE
Rambod v Tazeh, 2020 NY Slip Op 03382, Decided on June 17, 2020 ,Appellate Division, Second Department;"The plaintiff purchased a diamond ring for the defendant soon after they became engaged....
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NEW RULES - ATTORNEY ADVERTISING
The New York court system’s administrative board has lifted the ban on law firms advertising their services under trade or domain names but still bans names that are false, deceptive or misleading.The...
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A DISSENT ON ISSUE OF PRESERVING DOMESTIC VIOLENCE CLAIM IN CHILD CUSTODY...
Did the Mother preserve her claim for appeal purposes that the court failed to consider the effects of domestic violence on the best interests of the parties two young children in granting father...
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DIVORCE - STATUTE OF LIMITATIONS TO ENFORCE PRE OR POST NUPTIAL AGREEMENT
Washiradusit v Athonvarangkul, 2020 NY Slip Op 03562, Decided on June 24, 2020, Appellate Division, Second Department:"The parties were married in February 2001 and subsequently purchased certain real...
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BACK TO NORMAL WITH FORECLOSURES?
New York State Chief Administrative Judge Lawrence K. Marks on June 23 issued new guidance for residential and commercial foreclosures in the state. The memorandum allows for the filing of new cases...
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