Latest from A Lawyer's Blog

Chase Home Fin., LLC v Fernandez, 2019 NY Slip Op 06589, Decided on September 18, 2019, Appellate Division, Second Department: “The plaintiff commenced this mortgage foreclosure action on or about August 8, 2007. The defendant mortgagor, Judeson Fernandez, neither appeared in the action nor answered the complaint. In October 2008 the plaintiff moved, inter alia, for leave to enter a default judgment and an order of reference, but that motion was eventually marked off the…
This is what happens after the statute of limitations runs out on a mortgage foreclosure. BH 263, LLC v Bayview Loan Servicing, LLC, 2019 NY Slip Op 06586, Decided on September 18, 2019, Appellate Division, Second Department: “In March 2007, nonparty Noel Palmer obtained a loan from Washington Mutual Bank, FA (hereinafter WaMu), secured by a mortgage on real property located in Brooklyn. In July 2008, WaMu commenced an action to foreclose the mortgage (hereinafter…
This is what happens after the statute of limitations runs out on a mortgage foreclosure. BH 263, LLC v Bayview Loan Servicing, LLC, 2019 NY Slip Op 06586, Decided on September 18, 2019, Appellate Division, Second Department: “In March 2007, nonparty Noel Palmer obtained a loan from Washington Mutual Bank, FA (hereinafter WaMu), secured by a mortgage on real property located in Brooklyn. In July 2008, WaMu commenced an action to foreclose the mortgage (hereinafter…
If you are raising standing as an affirmative defense…. Bayview Loan Servicing, LLC v Charleston, 2019 NY Slip Op 06463, Decided on September 11, 2019, Appellate Division, Second Department: “On June 30, 2015, the defendant sent the plaintiff a notice for discovery and inspection, as well as a first demand for interrogatories. On January 21, 2016, the plaintiff answered the discovery demands by presenting some of the requested documents, including copies of the note and…
J.B. Sterling Co. v. Verhelle, NYLJ September 16, 2019, Date filed: 2019-09-09, Court: U.S. District Court for the Western District of New York, U.S. – WDNY, Judge: District Judge Elizabeth Wolford, Case Number: 6:15-CV-06271: “Defendants’ primary argument in support of their motion for partial summary judgment is that the Contract is unenforceable because it does not satisfy the requirements of GBL §771, which governs home improvement contracts in New York. (See Dkt. 68-13 at 8-11).…
In July, New York Governor Andrew Cuomo signed into law the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act), From the legislative history: “New York’s current data breach notification law needs to be updated to keep pace with individuals’ use and dissemination of private information. New York also needs to join the increasing number of states that require reasonable data security protections, without imposing duplicate obligations on those already subject to other federal…
“Big Brother is watching you”: 1984, George Orwell Ienopoli v. Lent, NYLJ September 05, 2019, Date filed: 2019-08-19 Court: Supreme Court, Nassau; Judge: Justice Diccia Pineda-Kirwan; Case Number: 606251/19: “Upon the foregoing cited papers, and after conference, it is ordered that this petition for an order directing respondents to remove or redirect their cameras, pursuant to New York Civil Rights Law §52-a, is determined as follows: Petitioners and respondents are neighbors residing at 9 Jerry…
“Big Brother is watching you”: 1984, George Orwell Ienopoli v. Lent, NYLJ September 05, 2019, Date filed: 2019-08-19 Court: Supreme Court, Nassau; Judge: Justice Diccia Pineda-Kirwan; Case Number: 606251/19: “Upon the foregoing cited papers, and after conference, it is ordered that this petition for an order directing respondents to remove or redirect their cameras, pursuant to New York Civil Rights Law §52-a, is determined as follows: Petitioners and respondents are neighbors residing at 9 Jerry…
Governor Cuomo signed S6549 into law on July 10, 2019, which was designed by the state’s lawmakers to prevent wage discrimination among New York employees. In attempt to accomplish this goal, New York will now prohibit all employers from requiring applicants to provide their salary histories before they will be interviewed, employed, or promoted by the employer or as a condition to continued employment with the employer. Additionally, employers will be prohibited from retaliating against…
Governor Cuomo signed S6549 into law on July 10, 2019, which was designed by the state’s lawmakers to prevent wage discrimination among New York employees. In attempt to accomplish this goal, New York will now prohibit all employers from requiring applicants to provide their salary histories before they will be interviewed, employed, or promoted by the employer or as a condition to continued employment with the employer. Additionally, employers will be prohibited from retaliating against…