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CHILD SUPPORT - OVERPAYMENTS
Matter of Collette v Collette, 2020 NY Slip Op 06778, Decided on November 18, 2020, Appellate Division, Second Department:"The parties were married and had two children together. The parties were...
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NEW RULES - SLAPP
On November 10, Governor Andrew M. Cuomo signed legislation amending the Civil Rights Law provisions which are aimed to deter abusive "strategic lawsuits against public participation," known as SLAPPs,...
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WHEN A NON-MARITAL RELATIONSHIP SOURS - CONSTRUCTIVE TRUSTS
Unmarried couples may purchase homes, etc. but, for various reasons, keep title in one name. If the relationship ends, and since they are not married, the home is not marital property but the doctrine...
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HOSTILE WORK ENVIRONMENT?
SIENA v. PRIMO PIZZA 84 LLC, 2020 NY Slip Op 51344 - NY: Supreme Court November 5, 2020:"......In order to establish a prima facie claim for hostile work environment, a plaintiff must demonstrate that...
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MEDDIATION AND DIVORCE - A GUEST POST FROM TEXAS
The Enos Law Firm, P.C. helps families in and around Houston, Texas and Galveston, Texas through divorce, child custody, adoptions & other family matters, has prepared an article on preparing for...
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MEDIATION AND DIVORCE - A GUEST POST FROM TEXAS
The Enos Law Firm, P.C. helps families in and around Houston, Texas and Galveston, Texas through divorce, child custody, adoptions & other family matters, has prepared an article on preparing for...
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ADVERSE POSSESSION IN NEW YORK
1982 E. 12th ST. HOLDING LLC v. LATI, 2020 NY Slip Op 33849 - NY: Supreme Court, Kings Co. November 17, 2020:".....Article 5 of the RPAPL, as amended in 2008, is applicable to all claims filed on or...
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NEW DESCENDIBLE RIGHT OF PUBLICITY IN NEW YORK AND MORE
Signed into law yesterday (S5959D /A.5605-C). Only about a dozen states recognize that the right of publicity survives death and in the past, I had utilized the California law to protect the use of...
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EFFECTIVE FEBRUARY 15, 2021 - CHILD PARENT SECURITY ACT
Signed into law on April 3, 2020 was an act to amend the family court act, in relation to establishing the child-parent security act (Article 5-C); and to repeal section 73 and article 8 of the...
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TENANT OR LICENSEE?
Are food vendors in malls tenants?SHACK COLLECTIVE INC. v. DEKALB MKT. HALL, LLC, 2020 NY Slip Op 51156 - NY: City Court, Civil Court October 2, 2020:"In March of 2016, the parties entered into a...
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NO PRIVATE CAUSE OF ACTION UNDER ARTICLE 11 SOCIAL SERVICES LAW - PROTECTION...
Article 11 of the Social Services Law was enacted as part of the "protection of people with special needs act". The Protection of People with Special Needs Act amended various state laws which are...
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IN NYC - GUARANTY TO COMMERCIAL LEASE AND COVID
204 E. 38th LLC v. SONS OF THUNDER LLC, 2020 NY Slip Op 33862 - NY: Supreme Court November 20, 2020:".....The subject provision provides that:Personal liability provisions in commercial leases.A...
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ARTICLE 17-A GUARDIANSHIP NOT ALWAYS NECESSARY OR REQUIRED
MATTER OF SIMONE A., 2020 NY Slip Op 51207 - NY: Supreme Court October 15, 2020:"....Article 17-A governs guardianship of adults who are diagnosed with an intellectual or developmental disability. SCPA...
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THE LAW OF PETS
Hewitt v. PALMER VETERINARY CLINIC, PC, 2020 NY Slip Op 5975 - NY: Court of Appeals October 22, 2020:"Defendant Palmer Veterinary Clinic, PC treated Vanilla, a dog, for a paw injury at its clinic. That...
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IMPLIED WARRANTY IN NEW HOMES
Caveat Emptor - let the buyer beware - but not with the sale of new homes in New York: Article 36-B of the New York General Business Law imposes a warranty in favor of the buyers of new homes. But not...
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ALTERNATIVE DISPUTE RESOLUTION SERVICES AVAILABLE
From http://jmpattorney.blogspot.com/
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LITIGATING ANONYMOUSLY ALLOWED
Doe v. VAJPAYEE, 2020 NY Slip Op 33766 - NY: Supreme Court November 12, 2020:"Plaintiff claims that, in or around August 2019, when she was 20 years of age, she began working for defendant's family as...
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MANDATORY VACCINATION?
On December 4, NYS Assembly Bill A11179 was introduced to amend the Public Health Law and require a COVID-19 vaccine to be administered in accordance with the department of health's COVID-19...
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