Latest from A Lawyer's Blog

The child or “infant” in this case is approximately 14 years old and the mother wants to change the last name from father’s to mother’s. Matter of A. Sve, Date filed: 2021-07-21, Court: Civil Court, Queens, Judge: Judge Wendy Changyong Li, Case Number: NC-000058-20/QU: “Background  A. Sve (“Petitioner”) sought to change the name of her son, Jon. Spe (“Infant”), to Jon. Sve. Infant’s father, M. Spe (“Father”), objected to the name change. This matter was…
NEW YORK DANGEROUS LLC v. LIBROT, 2021 NY Slip Op 50584 – NY: Supreme Court June 24, 2021: “Plaintiffs served Librot with the summons in this action by e-filing the summons on the New York courts’ NYSCEF e-filing system. Librot argues that this was not proper service, and therefore that the action is subject to dismissal under CPLR 3211(a)(8) for lack of personal jurisdiction. This court agrees. New York State ordinarily requires that service on…
There are certain protections given under CPLR 321 (c) but these can be waived. WELLS FARGO BANK, NA v. KURIAN, 2021 NY Slip Op 4509 – NY: Appellate Div., 2nd Dept. July 21, 2021: “….There are times in litigation when a party’s attorney dies, becomes physically or mentally incapacitated, is removed or suspended from the practice of law, or otherwise becomes disabled. These events occur through no fault of the party. Professor Vincent C. Alexander…
T his case was also reported in today’s NYLJ. MATTER OF PHILADELPHIA INS. INDEM. CO. v. Kendall, 2021 NY Slip Op 4284 – NY: Appellate Div., 1st Dept. 2021″ “CPLR 2104, entitled “Stipulations,” reads in pertinent part: “An agreement between parties or their attorneys relating to any matter in an action . . . is not binding upon a party unless it is in a writing subscribed by him or his attorney. . . .”…
H.K. v. R.C., Date filed: 2021-07-15, Court: Supreme Court, New York, Judge: Justice Matthew Cooper, Case Number: 305890/13: “In the wake of the COVID-19 pandemic, there has been a marked return to a demographic shift that has occurred at various times in our city’s history: the move to the suburbs by families with young or school-age children. As a result, this court has seen a significant increase in the number of cases where a divorced…
Robert Woodruff Anderson wrote in the play I Never Sang for My Father that “Death ends a life, but it does not end a relationship, which struggles on in the survivor’s mind toward some final resolution, some clear meaning, which it perhaps never finds.”  Does this also hold true in a divorce when a party passes during the proceeding? Bomer v. Dean, 2021 NY Slip Op 3937 – NY: Appellate Div., 4th Dept. June 7,…
The NYS Academy of Trial Lawyers announced the premiere of “Special Term,” a live stream of virtual court proceedings, which started Thursday, July 15, 2021, featuring civil motion arguments from the Courtroom of Hon. Catherine Nugent Panepinto of Erie County Supreme Court, with the first session beginning at  9:30 AM and the second session starting at 11 AM.   The Academy’s Associate Board of Directors Introduces Special Term   From http://jmpattorney.blogspot.com/…
BASELICE v. ASTRAZENECA LP, No. 19-CV-4931 (JPO), United States District Court, S.D. New York, July 8, 2021: “OPINION AND ORDER J. PAUL OETKEN, District Judge. Plaintiff Mary Baselice brings this case against Defendant AstraZeneca LP, her former employer, claiming that AstraZeneca violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., when it terminated her based on her pregnancy.1 On September 17, 2020, AstraZeneca moved for summary judgment on…