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LITIGATION - COMMENCE THE ACTION AGAINST THE ESTATE NOT THE DECEASED
Federal Natl. Mtge. Assn. v Tudor, 2020 NY Slip Op 04149, Decided on July 22, 2020, Appellate Division, Second Department:"In April 2014, the plaintiff commenced this action to foreclose a mortgage...
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A FORECLOSURE SALE UNDER THE UCC
It differs from a real property mortgage foreclosure sale.Laskaratos v Bay Ridge Hoyt Lender, LLC, 2020 NY Slip Op 04152, Decided on July 22, 2020, Appellate Division, Second Department:"In an action,...
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ORAL JOINT VENTURE AND THE STATUTE OF FRAUDS
Get it in writing.MacKay v Paesano, 2020 NY Slip Op 04155, Decided on July 22, 2020, Appellate Division, Second Department:"According to the plaintiff, he entered into an oral joint venture agreement...
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MORTGAGE FORECLOSURE - EFFECT OF BANK'S DELAY
A balancing of interests.Chase Home Fin., LLC v Berger, 2020 NY Slip Op 04289, Decided on July 29, 2020, Appellate Division, Second Department:"In March 2004, Abraham Berger (hereinafter the defendant)...
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EMAIL SETTLEMENT CAN BE BINDING
Was there a deal or just "buyers remorse"?McCalla v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, Dist. Court, ED New York, February 6, 2020:"A. Procedural Posture of the CasePlaintiff Hensley K. McCalla...
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TERMINATING A COMMERCIAL MONTH TO MONTH TENANCY
The "Housing Stability and Tenant Protection act of 2019" offers some additional defenses and protections to both commercial and residential tenants but not all apply to commercial leases.Aviv Dev....
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COLLECTING ATTORNEY FEES?
Then comply with Part 137 arbitration rules.FILEMYR v. Hall, 2020 NY Slip Op 4238 - NY: Appellate Div., 1st Dept. 2020:This action presents a question of first impression for this Court. Indeed, there...
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AFTER TROPICAL STORM ISAIAS - SOME "TREE" LAW
Looking outside after the storm stopped...the many fallen trees.Russo v. Jay, 2020 NY Slip Op 50157 - NY: Appellate Term, 2nd Dept. January 3o, 2020:"Plaintiffs commenced this small claims action...
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UNEMPLOYMENT INSURANCE - WHEN YOU HAVE TWO JOBS
About 13 million American workers have more than one job, because either they need extra income or they want to gain more experience or explore different interests.MATTER OF VARGAS v. MASON ESC LLC,...
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STD AND THE LAW
JI YOUNG CHUNG v. GULRAJANI, 2020 NY Slip Op 32386 - NY: Supreme Court July 20, 2020:"Plaintiff commenced this action alleging that defendant knowingly and intentionally transmitted genital warts and...
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THE BREAKDOWN OF ATTORNEY CLIENT RELATIONSHIP
FRUHLING v. WESTREICH, 2020 NY Slip Op 32080 - NY: Supreme Court June 26, 2020:"In motion sequence number 009, the law firm of Alonso, Andalkar & Facher, P.C. (AAF) moves to withdraw as counsel for...
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WHEN THE ATTORNEY FOR THE CHILD (AFC) FAILS TO PERFORM THEIR DUTIES
Silverman v. Silverman, 2020 NY Slip Op 4338, NY: Appellate Div., 2nd Dept. July 29, 2020:"On appeal, the defendant contends, inter alia, that the AFC improperly substituted judgment and took a...
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VACATING A FRAUDULENTLY FILED UNCONTESTED DIVORCE
The real mystery of this case is which spouse was responsible for the original uncontested filing.LUZ S. v. CESAR P., 2020 NY Slip Op 50873 - NY: Court of Claims July 28, 2020:By prior Decision and...
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DETERMINING REASONABLE ATTORNEY FEES
In this case, a union filed an employee benefits action against defendant contending that defendant violated the parties' participation agreement, collective bargaining agreement (CBA), and 29 USC...
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LANDLORD TENANT - USE & OCCUPANCY AND HOUSING VIOLATIONS
RPAPL Section 745(2)(a)(iv) enacted in the Housing Stability and Tenant Protection Act (“HSTPA”) provides “where a respondent has properly interposed a defense based upon the existence of hazardous or...
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REAL ESTATE BROKERS AND DISCRIMINATION
As you know, Governor Andrew M. Cuomo on August 3 signed legislation (S6874-A/ A8903-A) explicitly granting the Department of State the authority to discipline real estate professionals found to have...
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RELIGIOUS DISCRIMINATION CLAIMS AT THE PLEADING STAGE
PATRICIA COCCA-RAU, Plaintiff, v. STANDARD INSURANCE COMPANY and STANDARD INSURANCE OF NEW YORK, Defendants., No. 19-cv-06149 (PMH). ,United States District Court, S.D. New York. July 22, 2020:"Title...
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ABANDONED FORECLOSURE ACTION?
Ten years of litigation.Wells Fargo Bank NA v. Vittoris, NYLJ August 11, 2020, Date filed: 2020-07-29, Court: Supreme Court, Queens, Judge: Justice Bernice Siegal, Case Number:...
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ALTERNATIVE METHOD TO SERVE DIVORCE PAPERS IN MEXICO GRANTED
SWEET-MARTINEZ v. Martinez, 2020 NY Slip Op 20195 - NY: Supreme Court, Warren, August 10, 2020:"Presently before the Court is plaintiff's Order to Show Cause which, in lieu of signing, was accepted as...
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FORECLOSURE DEFENSES RAISE ISSUE OF FACT
Bank of Am., N.A. v Lauro, 2020 NY Slip Op 04531, Decided on August 19, 2020, Appellate Division, Second Department:"On December 20, 2013, the plaintiff commenced the instant action against the...
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