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WHAT IS "DUE DILIGENCE" FOR "AFFIX AND MAIL" SERVICE
Federal Natl. Mtge. Assn. v Castoldi, 2020 NY Slip Op 05887, Decided on October 21, 2020, Appellate Division, Second Department:"......."It is well established that the burden of proving that personal...
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TRY PRIVATE MEDIATION
Try private mediation. In 2016, Jed S. Rakoff, a United States District Judge for the Southern District of New York, wrote:"Over the past few decades, ordinary US citizens have increasingly been denied...
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HSTPA AND RPAPL 749 VACATES WARRANT
In this case, it was the landlord's action of applying the security deposit to rent after the warrant that resulted in this decision.636 Apt. Assocs. JV v. Mayo, NYLJ October 07, 2020 • Date filed:...
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NO MUTUAL MISTAKE
When drafting an agreement, take enough time to be clear and specific.PERRETTA v. PERRETTA, 2020 NY Slip Op 5958 - NY: Appellate Div., 2nd Dept. October 21, 2020:"The parties are the divorced parents...
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A SUMMARY JUDGMENT MOTION REQUIRES ADMISSABLE EVIDENCE
In this case, a foreclosure is delayed due to the bank's failure to submit proper evidence in its motion papers.SELENE FIN., LP v. Coleman, 2020 NY Slip Op 5962 - NY: Appellate Div., 2nd Dept. October...
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COVID SAFETY MEASURES IN COURT
CC v. AR, 2020 NY Slip Op 20245 - NY: Supreme Court September 30, 2020:".....The Court notes that court staff, including Justices of the Supreme Court, chambers staff, part clerks, court officers,...
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A HALLOWEEN LITIGATION
An oldie but a goodie. Stay safe tomorrow and always. (The image is from "You can´t scare me I´m a Lawyer: Journal, Notebook, Diary to Organize Your Life" - Paperback – September 18, 2019 by Carol...
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THE QUESTION OF THE DOG IS ONE OF FACT NOT OF LAW
The dog will get its day in court.Introna v. Importuna, NYLJ October 26, 2020 Date filed: 2020-10-16 Court: Supreme Court, Richmond Judge: Justice Wayne Ozzi Case Number: 150038/2019:"This is an action...
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GO VOTE
Who Can Vote?You can vote in U.S. elections if you:Are a U.S. citizenMeet your state’s residency requirementsYou can be homeless and still meet these requirements. Are 18 years old on or before...
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A FAMILY OFFENSE INVOLVES A FAMILY
Matter of KR v. FB, NYLJ October 26, 2020, Date filed: 2020-10-19, Court: Family Court, Suffolk, Judge: Judge Paul Hensley:"....The motion to dismiss properly does not challenge that the rape framed...
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NEW FORMS FOR E FILING
Judge Lawrence Marks issues Administrative Order 254-20 prescribing forms for use in electronic filing in New York Supreme Court through the New York State Courts Electronic Filing (NYSCEF) program.The...
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ALTERNATIVE DISPUTE RESOLUTION SERVICES AVAILABLE
From http://jmpattorney.blogspot.com/
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DEALING WITH RENT IMPAIRING VIOLATIONS UNDER THE MULTIPLE DWELLING LAW
FOOD FIRST HDFC INC. v. Turner, 2020 NY Slip Op 51155 - NY: City Court, Civil Court October 5, 2020:"......If HPD's official records show that an owner of a multiple dwelling does not remove a...
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GOOD FOR TENANTS, DELAYS FOR LANDLORDS
On November 3, Executive Order 202.72 was issued which provides in part:"IN ADDITION, I hereby temporarily suspend or modify the following from the date of this Executive Order through December 3,...
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THE UPHPA
On December 6, 2019, Governor Andrew Cuomo signed into law New York’s version of the Uniform Partition of Heirs Property Act (UPHPA) (RPAPL §993). Under the UPHPA, if the property for which the...
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ALTERNATIVE DISPUTE RESOLUTION SERVICES AVAILABLE
From http://jmpattorney.blogspot.com/
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EMPLOYEE COMPLAINTS RE COVID
All businesses must follow appropriate safety and health guidance. An employee may file a complaint for any of the following reasons: 1. Being forced to work at a business that is not allowed to...
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COURT HEARINGS WITH COVID
Matter of Haydee F. v. ACS-NY, NYLJ November 16, 2020, Date filed: 2020-10-28, Court: Family Court, New York, Judge: Referee Pamela Scheininger, Case Number: G-15246-19:"This decision comes in...
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CHILD CUSTODY - WHEN ONE PARENT MOVES ON TO ANOTHER RELATIONSHIP
Whether it is during the litigation or afterwards, eventually, many parents do move on to new relationships but not every family is blended perfectly like in The Brady Bunch. TAMOUTSELIS v....
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