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A VERY COSTLY AND TIME CONSUMING "GRE(A)Y" DIVORCE
This is a case which should be read as it addresses the issues of equitable distribution, maintenance and counsel fees in a long term marriage. Here is the procedural history:"By Summons with Notice...
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WHAT IS AN INTIMATE RELATIONSHIP FOR FAMILY COURT TO EXERCISE JURISDICTION
A.S. v. Goldberg, NYLJ September 18, 2020, Date filed: 2020-09-14, Court: Family Court, Nassau, Judge: Judge Linda Mejias:"“The Family Court is a court of limited jurisdiction, constrained to...
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NEW YORK COURTS - MICROSOFT TEAMS
The New York State Unified Court System has adopted Microsoft Teams as the standard for internal and external videoconferencing calls, including virtual court hearings. A FAQ has been posted by the...
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OCTOBER 18, 2020 FOR COMMERCIAL EVICTIONS
First both commercial and residential evictions were on hold due to executive orders. In June, residential evictions were no longer on hold due to executive orders as this issue was replaced by...
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THE GUIDE TO NEW YORK EVIDENCE
"The objective of this Guide to New York Evidence, as set forth in Rule 1.01, "is to bring together in one document, for the benefit of the bench and bar, New York's existing rules of evidence,...
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UNPAID CONDO CHARGES TO BOARD LEADS TO FORECLOSURE
BOARD OF MGRS. OF 4260 BROADWAY CONDOMINIUM v. Veloz, 2020 NY Slip Op 32361 - NY: Supreme Court July 20, 2020:"In this condominium common charges lien foreclosure action, plaintiff Board of Managers of...
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LANDLORDS (AND TENANTS) STILL "ON HOLD"
On September 28, Governor Andrew M. Cuomo announced the State's Tenant Safe Harbor Act will be expanded until January 1, 2021 to protect additional residential tenants from eviction if they are...
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CORPORATIONS AND OTHER ENTITIES SHOULD UPDATE NYS SECRETARY OF STATE WITH ANY...
And this case illustrates why.Schwartzberg v. PRO-ACTIVE HOLDINGS, LLC, 2020 NY Slip Op 32980 - NY: Supreme Court September 11, 2020:"It is well settled that a defendant seeking to vacate a default...
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AND INDIVIDUALS SHOULD UPDATE DMV WITH ANY CHANGE OF ADDRESS
Last week, I reported on a case which illustrated a corporation's obligation to keep the Secretary of State advised of [its] current and correct address and that its failure to receive process due to...
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THE LATEST EXECUTIVE ORDER ON TOLLING
The Governor signed Executive Order No. 202.67: "Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency" on October 5 and in addition to several other provisions...
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ARBITRATION OF DISCRIMINATION CLAIMS: STATE LAW V. FEDERAL
CPLR 7515 prohibits "any clause or provision in any contract which requires as a condition of the enforcement of the contract or obtaining remedies under the contract that the parties submit to...
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CUSTODY DISPUTES AND DELEGATING PARENTING
A common issue I have seen in custody disputes is as follows: Parent A is non-custodial parent with parenting time but Parent B, the custodial parent, argues that if Parent A is unable, due to work or...
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RESUMPTION OF EVICTIONS BEGAN YESTERDAY
Effective October 12, 2020, all residential eviction matters - nonpayment and holdover, without regard to the date of commencement - may resume statewide, with certain important caveats which are set...
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HOSTILE WORK ENVIRONMENT CLAIM SURVIVES
The plaintiff in this case has been proceeding pro se.RUBERT v. King, No. 19-CV-2781 (KMK), Dist. Court, SD New York September 24, 2020:"To state a claim of hostile work environment under § 1981, a...
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LIVE ENTERTAINMENT IN RESTAURANTS?
According to The New York State Restaurant Association: "Also, we received clarification from the State Liquor Authority that a licensed establishment can host a comedy night or a trivia night, as long...
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THE EVIDENCE WHICH WAS NOT EVIDENCE
This is the case where a written receipt for cash received signed by both parties was not evidence of cash received based on one party's claim that the receipt was altered.Rooney v. Cacoango, NYLJ...
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WILL CONTEST: WIFE, CAREGIVER OR ELDER ABUSE?
If I sum the facts up, the decedent was on opioids for cancer, met and married his fourth wife about a 2 years before he died and was moved into her home where she lived with her ex-husband and then, a...
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LANDLORD/TENANT IN NY: USE THE NEW FORM
Marshall v. Simmons, NYLJ October 07, 2020 • Date filed: 2020-09-23 • Court: Civil Court, Kings • Judge: Judge Kenneth Barany • Case Number: 080571/19:".....More glaring, however, is the deficiency of...
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COMMERCIAL EVICTIONS AND FORECLOSURES ON HOLD TO JANUARY 1, 2021
Executive Order 202.70 was signed yesterday on October 20 (also allows some movie theaters to reopen) and it provides in part:".......IN ADDITION, by virtue of the authority vested in me by Section...
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