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LITIGATING ANONYMOUSLY NOT ALLOWED
On December 15, I reported on a case (Doe v. VAJPAYEE, 2020 NY Slip Op 33766 - NY: Supreme Court November 12, 2020) which granted the request to litigate anonymously. Here, another justice in the same...
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COVID 19 TRIGGERS FORCE MAJEURE CLAUSE
The agreement provided:"In the event that the auction is postponed for circumstances beyond our or your reasonable control, including, without limitation, as a result of natural disaster, fire, flood,...
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ALTERNATIVE DISPUTE RESOLUTION SERVICES AVAILABLE
From http://jmpattorney.blogspot.com/
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CHILD SUPPORT - COLLEGE EXPENSES
Spinner v. Spinner, 2020 NY Slip Op 6307 - NY: Appellate Div., 2nd Dept. November 4, 2020:"The Supreme Court also directed the plaintiff to contribute to the college expenses of the parties' children....
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MORTGAGE FORECLOSURE - RAISING THE STANDING DEFENSE IN THE SECOND DEPARTMENT
GMAC MTGE., LLC v. Coombs, 2020 NY Slip Op 7039 - NY: Appellate Div., 2nd Dept. November 25, 2020: (emphasis supplied)""CPLR 3018, which governs responsive pleadings, draws a distinction between...
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LANDLORD TENANT LAW - AMENDING ANSWER TO ASSERT TENANT SAFE HARBOR ACT
1020-45 Realty Corp. v. Melendez, NYLJ December 22, 2020, Date filed: 2020-12-07, Court: Civil Court, Kings, Judge: Judge Zhuo Wang, Case Number: 51216/20:"Respondents’ filed the instant motion...
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NEW RULES - LANDLORD TENANT, FORECLOSURES, ETC. AND COVID-19
The COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (S.9114/A.11181) was signed into law yesterday. From the Governor's press release:Residential EvictionsThe Act places a moratorium...
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MORE ON NEW RULES - LANDLORD STEPS TO COMPLY WITH RE: COVID-19
The COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (S.9114/A.11181) Part A provisions for landlord/tenants: Section 1. Definitions. For the purposes of this act: 1. "Eviction...
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ALTERNATIVE DISPUTE RESOLUTION SERVICES AVAILABLE
From http://jmpattorney.blogspot.com/
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COVID AND THE COMMERCIAL NON-PAYING TENANT AND THE GUARANTOR
1140 BROADWAY LLC v. BOLD FOOD, LLC, 2020 NY Slip Op 34017 - NY: Supreme Court December 4, 2020:".....As an initial matter, the Court grants plaintiff's motion as to liability and rejects defendants'...
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LIQUIDATED DAMAGES OR PENALTY - THE MAJORITY
TRUSTEES OF COLUMBIA UNIV. IN CITY OF NY v. D'AGOSTINO SUPERMARKETS, INC., 2020 NY Slip Op 6937 - NY: Court of Appeals November 24, 2020:".....In accordance with the parties' commercial tenancy, in the...
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LIQUIDATED DAMAGES OR PENALTY - THE DISSENT
TRUSTEES OF COLUMBIA UNIV. IN CITY OF NY v. D'AGOSTINO SUPERMARKETS, INC., 2020 NY Slip Op 6937 - NY: Court of Appeals November 24, 2020:"DiFIORE, Chief Judge (dissenting).After D'Agostino...
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NEW RULES - MORTGAGE FORECLOSURE
Signed into law on December 23, 2020, paragraph (c) of section 1305 of the Real Property and Procedures Law is amended by expanding the definition of tenants entitled to notice of rights from those who...
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UNLICENSED CONTRACTORS CAN RECOVER IF IT'S A NEW HOME?
Caveat emptor when you build a new home on your existing land. BREAD OVER BREAD CORP. v. TARDIEU, 2020 NY Slip Op 51537 - NY: Supreme Court December 22, 2020:"......plaintiff contends, among other...
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PARENTING TIME DURING COVID
J.R. v. S.R., NYLJ January 04, 2021, Date filed: 2020-11-18, Court: Family Court, Nassau, Judge: Judge Linda Mejias:"....The issues regarding the Petitioner’s missed parenting time arose during earlier...
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DRUG ADDICTION AND PARENTING
Matter of D.J., NYLJ January 04, 2021, Date filed: 2020-09-30, Court: Family Court, Bronx, Judge: Judge Ronna Gordon-Galchus, Case Number: NN-06164-65/20 (italics supplied):"....In the case at bar, the...
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