Latest from A Lawyer's Blog

If you read the recent story of the Long Island man who hasn’t paid his mortgage in 23 years, here is the recent decision that was in the news. Diamond Ridge Partners LLC v. Hanspal, Date filed: 2021-09-14, Court: District Court, Nassau, Judge: Judge William Hohauser, Case Number: LT-6528/17: DECISION ON MOTION A. Procedural History and Statement of Facts In or about 1998, respondent Guramit Hanspal (“Hanspal”) purchased the property located at 2468 Kenmore Street, East…
5 years in the court system over a $5000 claim. BENJAMINOV v. Zheng, 2021 NY Slip Op 50832 – NY: Appellate Term, 2nd Dept. 2021: “In this small claims action, commenced in December of 2016, plaintiff seeks to recover the sum of $5,000, alleging that her concrete patio and fence were damaged by the roots of a tree located on defendant’s property. At a nonjury trial, it was established that defendant had purchased his property…
While under certain circumstances a former foster parent may seek custody, the rights of the foster parent, as a third party non-parent, are limited with respect to visitation. Matter of J.W. v. K.M • Date filed: 2021-09-02 • Court: Family Court, Franklin • Judge: Judge Robert Main Jr. • Case Number: V-00338-17/20C: “The Court is asked, in this visitation modification proceeding, to determine the future relationship between a young boy and the woman who was…
  Campagna Johnson Mady, P.C. v. Kalsi (In re Kalsi), 20-10330 (MG) (Bankr. S.D.N.Y. Sep. 2, 2021): “The cross-motions for summary judgment in this adversary proceeding seek a determination of dischargeability of attorneys’ fees awarded to the estranged spouse of the debtor-defendant in ongoing divorce proceedings. The plaintiff argues that the attorneys’ fees are non-dischargeable as domestic support obligations under section 523(a)(5), or, in the alternative, as an obligation to a spouse incurred in the…
According to Wikipedia: “The word mahr is related to the Hebrew word and the Syriac word “mahrā”, meaning “bridal gift”, which originally meant “purchase-money”. The word implies a gift given voluntarily and not as a result of a contract, but in Muslim religious law it was declared a gift which the bridegroom has to give the bride when the contract of marriage is made and which becomes the property of the wife.” Khan v. Hasan,…
As a note: I am a Part 137 Arbitrator for over ten years and I have never encountered the situation where the attorney or firm did not appear for the arbitration. So this case did spark my interest. CONCORD AM. AUTOSALES, INC. v. Nussbaum, 2021 NY Slip Op 50847 – NY: Appellate Term, 2nd Dept. 2021: “Plaintiff, a Canadian corporation, previously employed defendant attorney to represent it in an action in federal court (Concord American…
Forwarded to me on September 13 – thoughts from the Matrimonial Clerk’s office: “1.            Notices of Settlement must be noticed for the correct Court address of 400 County Seat Drive on a day the Court is open and indicate which Orders specifically are being noticed. The Affidavits of Service should indicate specifically which documents were served including the Notice of Settlement itself. Do not notice the Orders to the County Clerk’s Office.  Notices of Settlement…
RC v. AC, 2021 NY Slip Op 21175 – Kings Co. Supreme Court 2021: “A victim of domestic violence may “commence a proceeding in either or both Family Court and Criminal Court” and “[e]ach court has the authority to issue temporary or final orders of protection” (People v. Wood, 95 NY2d 509, 512-513 [2000]). Furthermore, Section 842 of the Family Court Act provides in pertinent part, that a court “may, upon motion, extend [an]…
Today’s NYLJ had an article on this issue but here is a recent case which also highlights the issue as well as concerns counsel may have when dealing with a pro se litigant. Raiser v. San Diego Cnty., Case No.: 19cv751-GPC(KSC) (S.D. Cal. Jan. 13, 2021): “Plaintiff recently filed two Ex Parte Motions regarding depositions. [Docs. Nos. 100, 101.] The caption on the first Ex Parte Motion indicates the subject is “Missed 2nd Depositions.” [Doc.…
According to Wikipedia, a “grey” divorce involves older (“grey-haired”) couples in long-lasting marriages now seeking to terminate their marriage. Weiss v. Nelson, 2021 NY Slip Op 4573 – NY: Appellate Div., 2nd Dept. 2021: “The parties were married on June 14, 1987. There are three children of the marriage, all of whom are now emancipated. The plaintiff commenced this action for a divorce and ancillary relief on April 27, 2015. A nonjury trial was held…