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Jon Michael Probstein
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MORTGAGE FORECLOSURE - RPAPL 1304 PROOF OF MAILING
The rules of evidence apply to motions for summary judgment, Wells Fargo Bank, N.A. v Moran, 2019 NY Slip Op 00637, Decided on January 30, 2019, Appellate Division, Second Department: "Proper service of RPAPL 1304 notice on the borrower or borrowers is a
c...
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MORTGAGE FORECLOSURE - A SUCCESSFUL STANDING DEFENSE IN FIRST ACTION DEFEATS SECOND ACTION
This is an example of where a homeowner won a battle but lost the war. It illustrates a problem of asserting the standing defense. US Bank Trust, N.A. v Williams, 2019 NY Slip Op 00634, Decided on January 30, 2019, Appellate Division, Second Department: "In...
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WHEN A SAFETY DEPOSIT BOX IS NOT THAT SAFE...FROM A CREDITOR
Creating a joint tenancy may affect a creditor's right to enforce a judgment. Matter of New York Community Bank v. Bank of Am. N.A., NYLJ 1/29/19, Date filed: 2019-01-24, Court: Appellate Division, First Department, Case Number: 158084/17: "This appeal requ...
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TRYING TO AVOID DEBT - SUCCESSOR LIABILITY
It may be a new name, but it's the same business trying to avoid debt. Jack Williams Tire Co. v. The Tire Pl. of Queens Ltd., NYLJ 1/24/19, Date filed: 2019-01-15, Court: Supreme Court, Queens, Judge: Justice Robert McDonald, Case Number: 711068/2016: "An a...
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BREACH OF CONTRACT OR UNJUST ENRICHMENT?
At some point, a choice must be made as to an election of remedies. An unjust enrichment claim, also known as a quasi-contract or an implied contract, is meant to apply where there is no contract between parties, but one party is unfairly benefiting from th...
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CERTAIN DEFENSES FOR CREDIT CARD DEBT ACTIONS MAY BE AVAILABLE
A credit card company has two causes of action for credit card debt but when credit card agreements are changed due to mergers, etc., certain defenses may be available for certain causes of actions. Citibank NA v. Geyer, NYLJ 1/17/19, Date filed: 2019-01-14...
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MAKING A PROPER RENT DEMAND
Although a non-payment is a summary proceeding, the paper work should not be prepared in a summary fashion. EOM 106-15 217th Corp. v. Severine, NYLY January 23, 2019, Date filed: 2019-01-11
Court: Appellate Term, Second Department, 2nd, 11th & 13th Judicia...
MAKING A PROPER RENT DEMAND
MAKING A PROPER RENT DEMAND
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DEFAMATION AT A PUBLIC HEARING
Some things are better not said in anger. Gugliotta v Wilson, 2019 NY Slip Op 00261, Decided on January 16, 2019, Appellate Division, Second Department: "The plaintiff and the defendant are neighbors in the Village of
Southampton. The defendant was seeking...
DEFAMATION AT A PUBLIC HEARING
DEFAMATION AT A PUBLIC HEARING
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ELDER ABUSE
Matter of Reyes v Reyes, 2019 NY Slip Op 00283, Decided on January 16, 2019, Appellate Division, Second Department: "The petitioner, age 86, commenced this family offense proceeding
against the appellant, who is her grandson, alleging that he had
committe...
ELDER ABUSE
ELDER ABUSE
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ADMINISTRATIVE REVIEW IN ARTICLE 78 PROCEEDINGS
MATTER OF HAUG v. STATE UNIVERSITY OF NEW YORK AT POTSDAM, 2018 NY Slip Op 6964 - NY: Court of Appeals 2018: "This article 78 proceeding was transferred to the Appellate Division to address, inter alia, petitioner's challenge to respondents' determination t...
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