Latest from A Lawyer's Blog

1982 E. 12th ST. HOLDING LLC v. LATI, 2020 NY Slip Op 33849 – NY: Supreme Court, Kings Co.  November 17, 2020: “….. Article 5 of the RPAPL, as amended in 2008, is applicable to all claims filed on or after July 7, 2008 (L 2008, ch 269, § 9). Under the current law, an “adverse possessor” is defined as a person who “occupies real property of another person or entity with or without knowledge…
SIENA v. PRIMO PIZZA 84 LLC, 2020 NY Slip Op 51344 – NY: Supreme Court November 5, 2020: “…… In order to establish a prima facie claim for hostile work environment, a plaintiff must demonstrate that the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment (Schenkman v New York Coll. of Health Professionals,
Unmarried couples may purchase homes, etc. but, for various reasons, keep title in one name. If the relationship ends, and since they are not married, the home is not marital property but the doctrine of constructive trusts may apply. GRIFEL v. Madsen, 2020 NY Slip Op 33118 – NY: Supreme Court September 23, 2020: “….. A constructive trust is an equitable remedy that “may be imposed when property has been acquired in such circumstances that…
On November 10, Governor Andrew M. Cuomo signed legislation amending the Civil Rights Law provisions which are aimed to deter abusive “strategic lawsuits against public participation,” known as SLAPPs, viz., frivolous litigation brought by affluent plaintiffs who have the ability to spend large sums of money by using expensive and time-consuming litigation to obstruct those exercising their right to free speech. “SUMMARY OF PROVISIONS OF BILL:  Section 1 of the bill would amend section 70-a…
Matter of Collette v Collette, 2020 NY Slip Op 06778, Decided on November 18, 2020, Appellate Division, Second Department: “The parties were married and had two children together. The parties were subsequently divorced, and the father was obligated to pay the mother child support. A money judgment dated January 13, 2011 (hereinafter the money judgment), was entered against the father and in favor of the mother in the sum of $14,935.33 for child support arrears.…
Whether it is during the litigation or afterwards, eventually, many parents do move on to new relationships but not every family is blended perfectly like in The Brady Bunch.  TAMOUTSELIS v. TAMOUTSELIS, 2020 NY Slip Op 50435 – NY: Supreme Court, Monroe April 1, 2020: “….. Significantly, in the order to show cause filed September, 2019, the mother sought a temporary order to prohibit the father from having his girlfriend in the children’s presence during…
Matter of Haydee F. v. ACS-NY, NYLJ November 16, 2020, Date filed: 2020-10-28,     Court: Family Court, New York, Judge: Referee Pamela Scheininger,     Case Number: G-15246-19: “This decision comes in response to three cases in which one or more parties has objected to participating in a contested virtual hearing in New York County Family Court. In compliance with New York State Governor Andrew Cuomo’s Executive Order and Administrative Orders from Chief Judge Janet DiFiore…