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Jon Michael Probstein
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MORTGAGE FORECLOSURE - LITIGATING AGAINST THE BANK AFTER DEFAULT
In this case, a homeowner learns that the failure to timely file an answer can affect the entire process.  Bank of N.Y. Mellon Trust Co. v Loodus, 2018 NY Slip Op 02591, Decided on April 18, 2018, Appellate Division, Second Department: "The defendant execut...
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CIVIL RIGHTS LAW SECTION 80-b
BILLITTIER v. Clark, 2014 NY Slip Op 50758 - NY: Supreme Court, Erie 2014: "Prior to 1965, the law in New York State, referred to as the so called heart balm statute, prohibited a former fiancee from suing to recover property given in contemplation of marri...
CIVIL RIGHTS LAW SECTION 80-b
CIVIL RIGHTS LAW SECTION 80-b
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IS IT A GIFT OR A LOAN?
JD v. AD, 2017 NY Slip Op 50261 - NY: Supreme Court, Richmond 2017: "The essential elements of any cause of action to recover damages for a
breach of contract are, (1) the existence of a contract, (2) the
plaintiff's performance pursuant to the contract, ...
IS IT A GIFT OR A LOAN?
IS IT A GIFT OR A LOAN?
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THANK YOU FOR THE HONORABLE MENTION
THANK YOU FOR THE HONORABLE MENTION
THANK YOU FOR THE HONORABLE MENTION
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NYC - RIGHT TO COUNSEL IN HOUSING COURT
Last summer, NYC signed into law an amendment to Title 26, Chapter 13 of the Administrative Code which provides, in pertinent part: "§ 26-1302 Provision of legal services.    a.   Subject
to appropriation, the coordinator shall establish a program to provi...
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MORE ON ILLEGAL APARTMENTS
Governor Andrew Cuomo signed a new piece of legislation into law this past December to curb illegal conversions in buildings with three or fewer dwelling units. "Real Property (RPP) Section 235-BB Certificates of occupancy; required disclosure to tenant 1. ...
MORE ON ILLEGAL APARTMENTS
MORE ON ILLEGAL APARTMENTS
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TESTIMONY OF CHILD IN NEGLECT PROCEEDING
Matter of Mirza S.A. (Mirza A A.), 2018 NY Slip Op 02455, Decided on April 11, 2018, Appellate Division, Second Department: "The Administration for Children's Services (hereinafter ACS) commenced this proceeding pursuant to Family Court Act article 10, alle...
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CUSTODY ISSUES IOF CHILDREN WITH SEPCIAL NEEDS
Matter of Griffin v Danzy, 2018 NY Slip Op 02324 ,Decided on April 4, 2018, Appellate Division, Second Department: "The parties, who were never married, have two children together, twins born in April 2012. The children, who were born prematurely, have seve...
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DISPUTES WITH NEIGHBORS
This is an old case, 1980, but is still cited as authority, most recently in Coffey v. GERELLI, 2017 NY Slip Op 50817 - NY: Appellate Term, 2nd Dept. 2017 ("When the branches of a tree overhang the property of an adjoining landowner, the adjoining landowner...
DISPUTES WITH NEIGHBORS
DISPUTES WITH NEIGHBORS
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CONTRACT BY EMAIL
Kolchins v Evolution Mkts., Inc., 2018 NY Slip Op 02209, Decided on March 29, 2018, Court of Appeals, Stein, J.: "In considering whether a binding contract exists, "[t]he first step .
. . is to determine whether there is a sufficiently definite offer such
...
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