Latest from A Lawyer's Blog

Most notable ones are per Executive Order 202.14, dated April 7, 2020: 1. Allowing video execution of wills 2. Designation of standby guardian for parents exposed to Covid 19. 3. Tolling extended to May 7 See https://www.governor.ny.gov/news/no-20214-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency In addition: 1. On April 7, 2020, Chief Administrative Judge Lawrence K. Marks issued a Memorandum with a plan for the Courts to begin handling some non-essential matters beginning on April 13, 2020 by remote access. See https://nysba.org/app/uploads/2020/04/Next-StepsCourts.pdf
Yesterday, the Governor signed Executive Order 202.14 to continue the modification and suspension of laws relating to the disaster emergency. In addition to several other provisions addressing the COVID-19 outbreak, the Executive Order extends the provisions tolling the Statute of Limitations until May 7, 2020 and allows certain witnesses to perform using audio-video technology and in part, addresses remote witnessing of wills.  The Executive Order also extends the statewide restriction on all non-essential businesses and functions,…
One doesn’t need to be married to have a bad relationship and a dispute over money.  MEIXUAN WU, Plaintiff, v. MATTHEW GESSLER, Defendant., 2020 NY Slip Op 50196(U), CV-2067/15. Civil Court, of the City of New York, New York County. Decided February 11, 2020: “BACKGROUND AND PROCEDURAL HISTORY Plaintiff commenced this action by moving for summary judgment in lieu of complaint on a promissory note. The initial papers were filed on October 13, 2015, and…
What estate planning documents can be prepared and executed during this crisis? A morbid topic but with the death toll in New York approaching 3000, this can be a concern for those who have never considered this issue. Some of these estate planning documents can be completed without counsel, although this is not recommended. So, let’s review some of these documents LAST WILL AND TESTAMENT If you die without a Will, you die “intestate” and…
This was published in the NYLJ on March 27 from Judge Sunshine of Supreme Court and I am only copying a portion of it and supplying my own emphasis: “….In many ways it might be helpful for attorneys and clients to know what really is in a judge’s mind when determining custody and visitation disputes. To look at it from my eyes and not theirs. One of the important things I think about in making…
Getting your security back can be a struggle. Sikora v Shurtluff, 2020 NY Slip Op 50159(U), Decided on January 30, 2020, Appellate Term, Second Department: In this small claims action by defendant’s former tenant to recover a security deposit in the sum of $2,900, defendant counterclaimed to recover the sum of $3,695 for unpaid rent and damage to the apartment. At a nonjury trial, it was established that plaintiff had paid defendant $2,900 as a…
“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.” ― Robert Woodruff Anderson, I Never Sang for My Father Dean v Dean, 2020 NY Slip Op 20042, Decided on February 5, 2020, Supreme Court, Monroe County, Dollinger, J: “This is a tale of two claims. The first — a divorce claim by a deceased…
Many financial advisors claim that it’s more important to save for retirement than it is to pay for your kids’ college. But this can change when a court is involved in your divorce. Messinger v Messinger, 2020 NY Slip Op 50215(U), Decided on February 11, 2020, Supreme Court, Monroe County, Dollinger, J.: “Defendant brought this post-judgment application seeking contribution for college expenses for the parties’ daughter. After an initial hearing, this Court preliminarily indicated that…
Joining Skype For Business Meeting New York State Unified Court System has been using Skype for Business (SfB) for both internal videoconferencing and remote video appearances with external parties, such as attorneys, litigants, and witnesses.  This guide is for those who wish to join a court-organized videoconferencing call.  Q1.  What are the minimum requirements for participating a SfB videoconferencing call? A1. You must have a decent computer or smartphone with up-to-date operating system, and a…
Yesterday, I posted the case CENTI v. McGILLIN, 2019 NY Slip Op 9058 – NY: Court of Appeals December 19, 2019 where the Court of Appeals refused to deny the enforceability of a loan on the ground that it was funded by illegal gambling proceeds. Now contrast that case with Doe v. Doe, NYLJ March 26, 2020, Date filed: 2020-03-16, Court: District Court, Nassau, Judge: Judge Scott Fairgrieve, Case Number: SC-002118-19OB:  “Plaintiff commenced a small claims…