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By: The Law Offices of Jon Michael Probstein

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Emily MacLoud
Jon Michael Probstein
Jon Michael Probstein Esq.

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New York RPAPL 757 provides: “In the event that a lessee is removed from real property pursuant to this article, and the leased real property was the subject of a foreclosure proceeding pursuant to this chapter or the subject of a tax foreclosure proceeding, the court records relating to any such lessee shall be sealed and be deemed confidential. No disclosure or use of such information relating to any such lessee shall be authorized, and…
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Prior to this pandemic, New York City addressed the magnitude of the “gig economy” and on May 15, 2017, Local Law 140 of 2016 took effect. The law establishes and enhances protections for freelance workers, specifically the right to a written contract, timely and full payment and protection from retaliation. Turner v Sheppard Grain Enters., LLC 2020 NY Slip Op 20139 Decided on June 23, 2020 Supreme Court, New York County Bluth, J.: “Background Plaintiff…
Signed on June 30, the purpose of the Tenant Safe Harbor Act is to help keep residential tenants in their homes following the COVID-19 pandemic by allowing only money judgments, and not evictions, for unpaid rent that comes due while restrictions are in place due to COVID-19 on businesses, public accommodations, and nonessential gatherings. Thus, the act, during the COVID-19 covered period,: (1) prohibits courts from issuing a warrant of eviction or judgment of possession…
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Astro Kings, LLC v Scannapieco, 2020 NY Slip Op 03637, Decided on July 1, 2020. Appellate Division, Second Department: “The plaintiff, the owner of certain commercial real property located in Rockville Centre, commenced this action against, among others, the defendants Silvio Sports, Inc., and Dennison Silvio (hereinafter together the Silvio defendants), alleging that the Silvio defendants tortiously interfered with a lease between the plaintiff and its tenant, Rockville Centre Spa Corp., and tortiously interfered with…
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Deadlines are sacred. 16501 Jamaica Ave., LLC v Hara, 2020 NY Slip Op 03635, Decided on July 1, 2020, Appellate Division, Second Department: In March 2016, the plaintiff commenced this action, inter alia, to recover on a personal guaranty. The defendant failed to timely appear or answer the complaint. In October 2018, the plaintiff moved for leave to amend the complaint. Thereafter, the defendant cross-moved pursuant to CPLR 3215(c) to dismiss the complaint as abandoned.…
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Wells Fargo Bank, N.A. v Mone, 2020 NY Slip Op 03688, Decided on July 1, 2020, Appellate Division, Second Department: “The defendant appeals, principally arguing that the plaintiff failed to meet its burden of establishing its entitlement to leave to renew inasmuch as the plaintiff did not set forth a reasonable justification for failing to submit the purported new fact contained in Flannigan’s affidavit on the prior motion. Although this argument is raised for the…
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Derivative neglect means that if you are a danger to one child, then you are a danger to all children. It is basically an accusation that you are a bad parent and should not have any children in your care. Matter of Elijah G. (Chastity G.), 2020 NY Slip Op 03511, Decided on June 24, 2020, Appellate Division, Second Department: “As is relevant to these appeals, in 2012, the Administration for Children’s Services (hereinafter ACS)…
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There are limits to the court’s power. Matter of Augliera v Araujo, 2020 NY Slip Op 03510, Decided on June 24, 2020 ,Appellate Division, Second Department: “We agree with the Family Court’s determination in an order of disposition dated May 31, 2019 (hereinafter the May 2019 order), after a hearing on May 8, 2019, that the father willfully violated an order of child support dated December 21, 2015. At the hearing, the mother demonstrated that…
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RPAPL 1304 must be proved by proper evidence in any foreclosure action and here the homeowner succeeded in defeating a summary judgment motion but the bank may be able to establish compliance at trial. Ventures Trust 2013-I-H-R by MCM Capital Partners, LLC v Williams, 2020 NY Slip Op 03561, Decided on June 24, 2020, Appellate Division, Second Department: “…..However, the plaintiff failed to establish its entitlement to judgment as a matter of law with respect…