Latest from A Lawyer's Blog

On December 6, 2019, Governor Andrew Cuomo signed into law New York’s version of the Uniform Partition of Heirs Property Act (UPHPA) (RPAPL §993). As the bill noted: “As a general rule under current New York law, when real property has multiple owners who hold the property as tenants in common, any one co-owner can try to force the sale of the property by filing a partition action in court under Article 9 of the…
There is no law, program, grant, etc. offering rent forgiveness. But…. On September 1st, the Centers for Disease Control (CDC) announced a national eviction moratorium for virtually all tenants in the U.S impacted by the COVID-19 pandemic. The order will be in effect from September 4, 2020 through December 31, 2020.  Unless, further extended, New York city and state moratoriums only apply to everyone through October 1st. After that date, tenants who qualify under the…
Jessica T. v. Kieth T., NYLJ September 11, 2020,  Date filed: 2020-06-12,     Court: Supreme Court, Suffolk, Judge: Justice Patrick Leis, III,     Case Number: 33914/2013: “Similarly, this Court has the discretion to impose financial sanctions upon any party or attorney in a civil action or proceeding who engages in frivolous conduct (22 NYCRR 130-1.1[a]; see Rhodes v. Rhodes, 169 A.D.3d 841, 844, 94 N.Y.S.3d 123, 127 [2d Dept 2019]). Conduct is frivolous and sanctions…
In this case, the court begins as follows: “The relationship between the parties evidences a classic, unequal power dynamic which is the hallmark of abusive relationships. The parties met in 1989 when plaintiff was only twenty-one years old, having recently moved to New York City from Puerto Rico, and was working several jobs to support a modest lifestyle. Defendant was a successful businessman, fifteen years plaintiff’s senior, who quickly began providing plaintiff with a sizable…
Matter of K.B. v R.S., 2020 NY Slip Op 50958(U), Decided on August 18, 2020, Family Court, Onondaga County, Hanuszczak, J.: “On December 23, 2019, Petitioner K.B. filed a petition seeking to be adjudicated the father of the unborn child of the Mother R.S. (the Mother). An amended petition was subsequently filed on February 6, 2020 including the name of the child as L.R.S., born on January 17, 2020. The Mother filed a motion to…
Matter of Robinson, NYLJ September 03, 2020 , Date filed: 2020-08-25, Court: Supreme Court, Kings, Judge: Justice Leon Ruchelsman, Case Number: 100226/2019: “It is well settled that pursuant to CPLR §308(4) commonly known as ‘nail and mail’ service, the plaintiff must exercise due diligence to demonstrate that personal service or service upon someone of suitable age and discretion could not be made. Thus, this method of service is not available if someone is present at…
Butler v. Thomas , NYLJ August 26, 2020, Date filed: 2020-08-19, Court: Civil Court, Kings, Judge: Judge Zhuo Wang, Case Number: 989/20-KI: ““The owner of a dwelling shall not harass any tenants or persons lawfully entitled to occupancy of such dwelling as set forth in [HMC §27-2004(A)(48)]” (see HMC 27-2005[d]). As relevant here, the aforementioned section provides that: “Except where otherwise provided, the term “harassment” shall mean any act or omission by or on behalf…
Smith v. Morgan Webster Manor LLC, NYLJ September 02, 2020,  Date filed: 2020-08-19,     Court: Town Justice Court, Monroe, Judge: Town Justice Thomas DiSalvo, Case Number: 2003002: “Facts of the Case This came on before the court on its small claims docket. The plaintiff had previously rented an apartment from the defendant1 pursuant to a short term lease. The plaintiff’s claim against the defendant was divided into two separate parts. The first claimdemanded the return…
In order to reduce home equity fraud, the Home Equity Theft Prevention Act (HETPA, NY RPL §265-a) was passed on July 26, 2006 and it provides homeowners of residential property with information and disclosures in order to make informed decisions when approached by persons seeking a sale or transfer of the homeowner’s property, particularly when homeowners are in default on their mortgage payments or the property is in foreclosure. HETPA also affects the Banking Law…