Latest from A Lawyer's Blog - Page 2

A balancing of interests. Chase Home Fin., LLC v Berger, 2020 NY Slip Op 04289, Decided on July 29, 2020, Appellate Division, Second Department: “In March 2004, Abraham Berger (hereinafter the defendant) borrowed the sum of $300,000 from the plaintiff’s predecessor in interest. The loan was evidenced by a note and secured by a mortgage on certain real property located in Spring Valley. In October 2009, the plaintiff commenced this action against the defendant and…
Get it in writing. MacKay v Paesano, 2020 NY Slip Op 04155, Decided on July 22, 2020, Appellate Division, Second Department: “According to the plaintiff, he entered into an oral joint venture agreement with the defendant Michael Paesano (hereinafter the defendant) in which the plaintiff would refer potential investors to the defendant, who would provide them with financial consulting services and investment opportunities for which the defendant would receive fees and commissions. In exchange for…
It differs from a real property mortgage foreclosure sale. Laskaratos v Bay Ridge Hoyt Lender, LLC, 2020 NY Slip Op 04152, Decided on July 22, 2020, Appellate Division, Second Department: “In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Lawrence Knipel, J.), dated August 3, 2018. The judgment, upon an order of the same court dated July 28, 2017, granting…
Federal Natl. Mtge. Assn. v Tudor, 2020 NY Slip Op 04149, Decided on July 22, 2020, Appellate Division, Second Department: “In April 2014, the plaintiff commenced this action to foreclose a mortgage executed by the defendant Gladys Tudor. Tudor passed away approximately two years prior to the commencement of the action. Tudor’s daughter, Vanise Elliott, was served with the summons and complaint, purportedly as the recipient of substituted service on behalf of her mother, and…
JESSICA T. v. KIETH T., 2020 NY Slip Op 50673, NY: Supreme Court, Suffolk County, June 12, 2020: “In addition, the Court cannot ignore the role the Defendant has played in wasting precious time these last several years that the Plaintiff could have utilized for training, education or building her resume. His bullying tactics enumerated above were born out of spite and ill will. He perverted the judicial process to exact some sort of revenge…
The case is JESSICA T. v. KIETH T., 2020 NY Slip Op 50673, NY: Supreme Court, Suffolk County, June 12, 2020 and this is how Justice Leis describes the background: “The parties were married on August 26, 1999 and have 2 children, J. (age 17) and C. (age 15). Their assets consist of the marital home and the Defendant’s landscaping business Woodstock Estate Maintenance, Ltd. (“Woodstock”). This divorce case was commenced in December of 2013. This…
In this case, life almost imitates art, as we explore a recent decision with this introductory statement by the court: “This case is unique as it details a type of domestic violence which generally goes unnoticed in our judicial system and goes beyond the usual parameters of physical, emotional, or economic abuse occurring during the period of time that the parties reside together. This form of domestic violence is by proxy and it uses the…
New York Domestic Relations Law § 250 provides: “1. The statute of limitations for commencing an action or proceeding or for claiming a defense that arises from an agreement made pursuant to subdivision three of part B of section two hundred thirty-six of this article entered into (a) prior to a marriage or (b) during the marriage, but prior to the service of process in a matrimonial action or proceeding, shall be three years. 2. The statute of limitations shall…
As footnote 4 below states, the Second Department may have reached a different conclusion in this case. Condo v Condo, 2020 NY Slip Op 20142, Decided on June 24, 2020, Supreme Court, New York County, Cooper, J.: “The principle that even a successful litigant pays his or her own legal expenses, absent a contractual or statutory provision to the contrary, is so ingrained in our legal system that it is referred to as the “American…
  Starting yesterday, July 16, 2020, New York Homes and Community Renewal is accepting applications for rental assistance for a two-week period. After all applications are received, assistance will be distributed to eligible families based on economic and social need. While risk of homelessness will be considered in distributing the subsidies, tenants do NOT need to be behind on their rent or at risk of eviction to qualify. To qualify for help, applicants must meet…