Civil Litigation

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Matter of Gabriella U. (Amanda T.–James S.) 2021 NY Slip Op 02581 Decided on April 29, 2021 Appellate Division, Third Department: “Appeal from an order of the Family Court of Sullivan County (Meddaugh, J.), entered January 17, 2020, which, among other things, granted petitioners’ application, in a proceeding pursuant to Domestic Relations Law article 7, to determine that respondent’s consent was not required for the adoption of his child. Petitioner Amanda T. (hereinafter the mother)…
Insurance coverage issues don’t often deserve such a headline, but this case is, well – different. Case Background If you lived in Missouri between 2011 and 2013, you’ll likely remember the horrible murder of Betsy Faria. She was killed inside her home in Troy, Missouri, two days after Christmas 2011. She’d been brutally stabbed 55 times. Betsy’s husband, Russ Faria, was convicted of the crime in 2013, but the conviction was overturned. He was acquitted…
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  Nuredin v. Koufa Realty Corp., NYLJ April 28, 2021, Date filed: 2021-04-15, Court: Civil Court, Queens, Judge: Judge Enedina Pilar Sanchez, Case Number: HP604/20: “Petitioner filed this HP case seeking an order to correct violations pursuant to the New York City Housing Maintenance Code. The subject premises are located at 31-14 42nd Street, Apartment #4, Astoria, New York 11103. The parties are represented by counsel and have appeared via Microsoft Teams video conferencing pursuant…
Under federal law, deportation (also called removal) is the federal government’s ordering a non-citizen to leave the United States. If you or your loved one is in the U.S. as an asylee, you may be wondering: Can an asylee be deported? An asylee may not be deported. But, the government may terminate an asylee’s status as an asylee, if certain grounds exist. If the government terminates an asylee’s status, the asylee may be deported. The…
Plaintiff attorney loses fee case against pro-se client because he could not show substantial compliance with the matrimonial billing rules of 22 NYCRR 1400, et seq in Swergold v. Weinrib  2021 NY Slip Op 02555 Decided on April 28, 2021Appellate Division, Second Department. “The plaintiff attorney represented the defendant in a matrimonial action, in which the Supreme Court directed the defendant’s former husband to pay the plaintiff an attorney’s fee in the sum of $100,000. Following…
Every single day, Americans are dying from diseases linked to asbestos exposure — and recent data suggests the United States may in fact be seeing more asbestos-related deaths than ever before. According to data compiled by the Institute for Health Metric and Evaluation (IHME), there were more than 40,764 asbestos-related worker deaths in 2019 alone, the year for which the latest metrics are available. That equates to roughly one asbestos-related death every 12 minutes. The…
Divorce in wealthy families can be expensive.  Division of significant assets, using teams of lawyers can quickly add up.  Kaufman v Boies Schiller Flexner, LLP  2021 NY Slip Op 31340(U) April 22, 2021 Supreme Court, New York County Docket Number: 154149/2018 Judge: James E. d’Auguste not only cost a lot, it spawned multiple other litigations as well. This case has a good discussion of the elements of breach of contact claims in a legal malpractice…