Latest from A Lawyer's Blog - Page 2

Here, desperate property owners made a bad deal with false promises and now seek  to impose a constructive trust on certain real property, to set aside a deed, and to recover damages for fraud, Reece v SHC Equities, LLC, 2019 NY Slip Op 02571, Decided on April 3, 2019, Appellate Division, Second Department: The plaintiffs were joint owners of real property located in Brooklyn which was encumbered by certain mortgages securing debts incurred by the…
Here, desperate property owners made a bad deal with false promises and now seek  to impose a constructive trust on certain real property, to set aside a deed, and to recover damages for fraud, Reece v SHC Equities, LLC, 2019 NY Slip Op 02571, Decided on April 3, 2019, Appellate Division, Second Department: The plaintiffs were joint owners of real property located in Brooklyn which was encumbered by certain mortgages securing debts incurred by the…
Wells Fargo Bank, N.A. v Lefkowitz, 2019 NY Slip Op 02584, Decided on April 3, 2019, Appellate Division, Second Department: “On May 12, 2015, the plaintiff commenced this action to foreclose the mortgage. The defendant interposed an answer asserting several affirmative defenses, including the statute of limitations and the plaintiff’s lack of standing. Thereafter, the defendant moved for summary judgment dismissing the complaint insofar as asserted against him on the grounds that the action was…
Wells Fargo Bank, N.A. v Lefkowitz, 2019 NY Slip Op 02584, Decided on April 3, 2019, Appellate Division, Second Department: “On May 12, 2015, the plaintiff commenced this action to foreclose the mortgage. The defendant interposed an answer asserting several affirmative defenses, including the statute of limitations and the plaintiff’s lack of standing. Thereafter, the defendant moved for summary judgment dismissing the complaint insofar as asserted against him on the grounds that the action was…
I will be volunteering today at the Nassau County Bar Association’s free clinic for Mortgage Foreclosure, Bankruptcy and Superstorm Sandy issues, from 3pm to 6pm. For more information, contact Nassau County Bar Association, 15th and West Streets, Mineola, NY 11501 at (516) 747-4070 From http://jmpattorney.blogspot.com/…
That seems to be the real intent in this case. Dad in Long Island has kid on weekdays and Mom in Manhattan on weekends. But Mom wants to change school to a Manhattan school – which would eventually mean a change in residence and parenting time. Verfenstein v Verfenstein, 2019 NY Slip Op 02583, Decided on April 3, 2019, Appellate Division, Second Department: “The parties married in 2007, and in 2009 had one child together,…
In this case, Liverpool was unable to find unemployment due to his old employer furnishing reports of his refusal to take a drug test to new prospective employers. The action was pursuant to New York State common law and New York Labor Law § 215. Liverpool claims that Con-Way made a series of defamatory statements about him to prospective employers relating to a random drug test to which he was subjected while at Con-Way, and…
In this case, I wonder if the decision would have changed if the parent/guardians did not consent to the termination of the guardianship. However, this case illustrates the ability of those with intellectual and developmental disabilities to live an independent life.Matter of Capurso, 2019 NY Slip Op 29079, Decided on March 26, 2019, Surrogate’s Court, Westchester County, Sall, J.: “On October 13, 2009, Patricia and Thomas filed a petition seeking a decree awarding them 17-A guardianship…
In this case, I wonder if the decision would have changed if the parent/guardians did not consent to the termination of the guardianship. However, this case illustrates the ability of those with intellectual and developmental disabilities to live an independent life.Matter of Capurso, 2019 NY Slip Op 29079, Decided on March 26, 2019, Surrogate’s Court, Westchester County, Sall, J.: “On October 13, 2009, Patricia and Thomas filed a petition seeking a decree awarding them 17-A guardianship…
This decision, in part, reminds me of the old joke of the plumber and the lawyer: “A pipe bursts in a lawyer’s house, so he calls a plumber. The plumber arrives, unpacks his tools, does mysterious plumber-type things for a while, and hands the lawyer a bill for $600. The lawyer exclaims, “This is ridiculous! I don’t even make that much as a lawyer!” The plumber replies sympathetically, “Neither did I when I was a…