Latest from A Lawyer's Blog - Page 2

Judicial review of disability benefit determinations is governed by 42 U.S.C. §§421(d) and 1383(c)(3), which expressly incorporates the standards established by 42 U.S.C. §405(g). In relevant part, §405(g) adopts the familiar administrative law review standard of “substantial evidence,” i.e., that “[t]he findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive.” Thus, if the Commissioner’s decision is supported by “substantial evidence” and there are no other…
Things change – something we must always keep in mind – and this case has a nice story to it. Matter of Jacob A.B., NYLJ  January 31, 2020, Date filed: 2020-01-24,  Court: Surrogate’s Court, Westchester, Judge: Surrogate Brandon Sall, Case Number: 2010-2501/G: “In this uncontested proceeding pursuant to SCPA 1755 and 1759, the petitioners, as guardians of the person and property of Jacob A. B. (Jacob), seek to modify the order of guardianship in order…
How many summary judgment motions can be made in a foreclosure action? Wells Fargo Bank, NA v Madlen Apt, 2020 NY Slip Op 00640, Decided on January 29, 2020, Appellate Division, Second Department: “On or about May 24, 2012, the plaintiff commenced this mortgage foreclosure action alleging that it was the holder of the subject note and mortgage, and that the defendant Madlen Apt (hereinafter the defendant) had defaulted upon her payment obligations. In an…
Thousands of dollars in legal fees and costs could have been saved if an Answer was timely served….but this case did have a happy ending so far for the defendant. P&H Painting, Inc. v Flintlock Constr. Servs., LLC, 2020 NY Slip Op 00603, Decided on January 29, 2020 ,Appellate Division, Second Department “On or about August 3, 2017, the plaintiff, a subcontractor, commenced this action against the defendant, a general contractor, to recover damages for,…
Would there have been a different resolution if the borrower had lived in one of the units? Here the court implies it might have held differently. Vanderbilt Mtge. & Fin., Inc. v Ammon, 2020 NY Slip Op 00638, Decided on January 29, 2020, Appellate Division, Second Department: “RPAPL 1304(1) provides, in pertinent part, that, “at least ninety days before a lender, an assignee or a mortgage loan servicer commences legal action against the borrower .…
Aboulissan v Kingsland 79, LLC, 2020 NY Slip Op 00393, Decided on January 22, 2020, Appellate Division, Second Department: “In 1986, the plaintiff purchased real property located at 241 79th Street in Brooklyn. In 1987, the owner of the adjacent property located at 237 79th Street abandoned that property, and in 2012, the City of New York demolished the house on it. In 2016, the defendant Kingsland 79, LLC (hereinafter the defendant), purchased 237 79th…
Aboulissan v Kingsland 79, LLC, 2020 NY Slip Op 00393, Decided on January 22, 2020, Appellate Division, Second Department: “In 1986, the plaintiff purchased real property located at 241 79th Street in Brooklyn. In 1987, the owner of the adjacent property located at 237 79th Street abandoned that property, and in 2012, the City of New York demolished the house on it. In 2016, the defendant Kingsland 79, LLC (hereinafter the defendant), purchased 237 79th…
MTGLQ Invs., L.P. v White, 2020 NY Slip Op 00269, Decided on January 15, 2020, Appellate Division, Second Department: “In October 2014, Ocwen moved, inter alia, for summary judgment on the complaint insofar as asserted against White, to strike his answer, and for an order of reference (hereinafter the summary judgment motion). By order dated June 25, 2015, the Supreme Court granted the unopposed summary judgment motion. In April 2017, following additional assignments of the…
Is a plaintiff’s attempt to enforce an agreement to keep silent about an extramarital affair in exchange for money illegal? We have heard about similar cases in the news and in this recent matter, the Southern District of New York addresses the issue. JENNIFER TRUMAN, Plaintiff, v. PETER BROWN, Defendant., No. 19 Civ. 1546 (PAE),  United States District Court, S.D. New York, January 21, 2020: “Brown argues that Truman’s breach of contract claim is independently…
Is a plaintiff’s attempt to enforce an agreement to keep silent about an extramarital affair in exchange for money illegal? We have heard about similar cases in the news and in this recent matter, the Southern District of New York addresses the issue. JENNIFER TRUMAN, Plaintiff, v. PETER BROWN, Defendant., No. 19 Civ. 1546 (PAE),  United States District Court, S.D. New York, January 21, 2020: “Brown argues that Truman’s breach of contract claim is independently…