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ALTERNATIVE DISPUTE RESOLUTION SERVICES AVAILABLE
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NEW RULES EFFECTIVE FEBRUARY 1?
In a recent email, the NYS Academy of Trial Lawyers has advised attorneys that pursuant to Administrative Order 270/20, many Commercial Division Rules will now be incorporated into the Uniform Rules...
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LANDLORD'S REFUSAL TO PROVIDE ESSENTIAL SERVICES
A landlord's refusal or failure to make essential repairs may constitute harassment.Madera v. 76-66 Austin Owners Corp., NYLJ January 15, 2021, Date filed: 2021-01-11, Court: Civil Court, Queens,...
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UNEMPLOYMENT BENEFITS - WHEN YOU HAVE TWO JOBS
If you hold several jobs (or have one job and side gigs) and you’re laid off from one, you may qualify for partial unemployment (MATTER OF VARGAS, 185 AD 3d 1339 - NY: Appellate Div., 3rd Dept. July...
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DIVORCE - IT'S NOT BUSINESS IT'S STRICTLY PERSONAL
A divorce is personal... it can't be commenced, etc. by a guardian or agent, only by the spouse. Although one wonders why the wife in this case wanted to set aside the stipulation, only the parties to...
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ALTERNATIVE DISPUTE RESOLUTION SERVICES AVAILABLE
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NO PRIVATE CAUSE OF ACTION FOR CIVIL PENALTY UNDER RPAPL 768
Avignone v. VALIGORSKI, 2020 NY Slip Op 20336 - City Court of Cohoes, December 12, 2020:".....Pursuant to Real Property Law § 235-b, every residential lease contains an implied warranty of habitability...
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DEALING WITH A PROBLEM TENANT
400 W. 59th ST. PARTNERS LLC v. OYOLESI, 2020 NY Slip Op 34334 - NY: Supreme Court December 31, 2020:"Plaintiff 400 West 59th Street Partners LLC is the owner and landlord of premises located at 1...
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ON YELLOWSTONE INJUNCTIONS AND COVID
HEALTHY CHOICE CONCEPTS INC. v. GLENS FALLS HOSP., 2020 NY Slip Op 20337 - NY: Supreme Court, Warren December 16, 2020:"....Plaintiff commenced this action by the filing of a summons and complaint on...
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BAD YELP IS USUALLY OPINION NOT LIBEL OR DEFAMATION
No one likes bad reviews but why make a case out of it.Mirza v. Amar, Dist. Court, ED New York January 12, 2021:"As an initial matter, I must account for the context in which the allegedly defamatory...
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ALTERNATIVE DISPUTE RESOLUTION SERVICES AVAILABLE
From http://jmpattorney.blogspot.com/
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MINOR SUES PARENT FOR CHILD SUPPORT
Can a minor sue for child support? Yes under certain circumstances but this case involved an attempt to have NY law govern a PA matter.QuiAnna B. v. Christopher B., NYLJ January 12, 2021, Date filed:...
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NYC GIVES FAST FOOD WORKERS EMPLOYMENT RIGHTS
With an at-will employment, New York "neither recognizes a tort of wrongful discharge nor requires good faith in an at-will employment relationship" (Matter of De Petris v Union Settlement Assn., 86...
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TONIGHT A CLE ON RECENT RULES IN REAL ESTATE
As Vice Chair of the Real Property Committee, we are presenting, sponsored by Champion Office Suites and Tradition Title, a CLE on recent trends in real estate.From http://jmpattorney.blogspot.com/
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A FIGHT OVER A SECURITY DEPOSIT
The first sentence of this decision says it all - this case deals with a security deposit and while at first glance, one may think that the cost of litigating this would be more than the security...
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THE NEGLIGENCE OF AN INDEPENDENT CONTRACTOR
Allstate Ins. Co. v. EDELWEISS OF NYC, INC., 2021 NY Slip Op 50054 - NY: City Court, Civil Court January 28, 2021:"....Ahuva Ehrenfeld (AE) was driving to school on the morning of January 18, 2018, AE...
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THE HARDSHIP DECLARATION APPLIES TO EJECTMENT ACTIONS TOO
The State of New York on December 28, 2020, enacted the "COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020" (L 2020, Ch 381), (the "Act"). Part A, § 8(a)(ii) of the Act further...
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RETROACTIVE EFFECT OF HOUSING STABILITY AND TENANT PROTECTION ACT
LANGDOC v. Warden, 2021 NY Slip Op 21009 - NY: City Court, Cohoes January 25, 2021:"The tenants took possession of the apartment on November 15, 2018. The lease, by its terms, created a month to month...
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