Latest from A Lawyer's Blog

CIT BANK NA v. Schiffman, 2021 NY Slip Op 1933 – NY: Court of Appeals March 30, 2021: “We begin with the first question concerning the showing necessary to rebut the presumption created by proof of a standard office mailing procedure in the section 1304 context. RPAPL 1304(1) provides that “with regard to a home loan, at least ninety days before a lender, an assignee or a mortgage loan servicer commences legal action against the…
Imagine this: you live in an apartment building in NYC and there is a tenant on a floor who refuses to wear a mask all the time, has a barking/accident prone dog who is sometimes unleashed in the building and maybe smokes pot (the tenant not the dog). Many would call this a typically NYC day in a typical NYC dwelling but to luxury housing, with a moratorium on evictions and where sale units go…
Nassau County residents who are struggling with mortgage foreclosure issues are invited to attend FREE, socially distant Mortgage Foreclosure Clinics at the Nassau County Bar Association (NCBA) in Mineola where they can meet with a volunteer attorney. Residents may also request an attorney who speaks a different language if they wish. Monday, April 19, 2021 3:00 PM to 5:30 PM FACE MASKS/COVERINGS ARE REQUIRED. **Attorneys will not provide free legal representation. SPACE IS LIMITED. Registration…
A delay in seeking justice can result in a denial of justice. ALROSE STEINWAY, LLC v. JASPAN SCHLESINGER, LLP, 2021 NY Slip Op 30620 – NY Co: Supreme Court March 5, 2021: “CPLR 3103 provides that “[t]he court may … make a protective order denying, limiting, conditioning, or regulating the use of any disclosure device. Such order shall be designated to prevent unreasonable annoyance, expense, embarrassment, disadvantage, or other prejudice to any person or the…
Plaintiffs commenced this action to quiet title to the property seeking to set aside a certain alleged fraudulent deed recorded against her property 18 years earlier. Torres v. EQUITY HOLDINGS LLC, 2021 NY Slip Op 31031 – Kings Co. Supreme Court March 30, 2021: “Equity’s motion to dismiss the complaint as time-barred by the ten-year statute of limitations is denied, pursuant to the Court of Appeals’ holding in Faison v Lewis (25 NY3d 220, 226
New York has intended to protect consumers from forgetting about an automatic renewal clause. For certain agreements for service, maintenance or repair to or for any real or personal property, New York’s General Obligations Law § 5-903 requires a specific reminder notice before renewal. Protections have now been extended to other consumer agreements with a new Article 29-BB of the General Business Law effective February 9, 2021. According to the legislative history (S1475A/A3173): "An increasing…
The Child-Parent Security Act (the CPSA) became effective on February 15, 2021 and can be found in Article 5-C of the Family Court Act.  Section 581-402 of the CPSA, entitled “Eligibility to enter surrogacy agreement” provides at paragraph (a) (6) as follows: “(6) the person acting as surrogate, and the spouse of the person acting as surrogate, if applicable, have been represented throughout the contractual process and the duration of the contract and its execution by…
EPTL 4-1.4 provides: “a) No distributive share in the estate of a deceased child shall be allowed to a parent if the parent, while such child is under the age of twenty-one years: (1) has failed or refused to provide for the child … whether or not such child dies before having attained the age of twenty-one years, unless the parental relationship and duties are subsequently resumed and continue until the death of the child.”…
Matter of S.M. v. L.M., NYLJ| April 09, 2021, Date filed: 2021-03-19, Court: Family Court, Nassau, Judge: Judge Linda Mejias: “It is unrefuted that the Petitioner failed to comply with Article XXX of the Stipulation, which requires proper notice of any alleged default in the parties’ custody arrangement to be sent in writing to the defaulting party, and served by mail, return receipt requested, within twenty (20) days of said default. Though the provision does…