August 1, 2020 An article titled “Is there a Domestic Relations Exception to Diversity Jurisdiction”, by Judge George B. Daniels of the United States District Court (SDNY), and Joel R. Brandes, appears in the “Outside Counsel” column of the August 5, 2020 issue of the New York Law Journal, at page 4. Click…
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There is good reason to believe that Staten Island Justice Judith N. McMahon is under investigation by the New York State Judicial Conduct Commission, the only official body with the power to punish judges for misconduct. On Dec.19, the New York Law Journal reported that Chief Administrative Judge Lawrence K. Marks ended any hope that…
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Liggett v Lew Realty LLC 2024 NY Slip Op 03378 Decided on June 20, 2024, New York Court of Appeals: “It is well settled that an agreement waiving a benefit of the Rent Stabilization Laws is void as against public policy. This rule is not altered by the tenant’s status. Accordingly, the stipulation at issue…
The right to “life, liberty, and happiness”[1] is a concept as old as the Declaration of Independence and one that every American holds dear. However, the right to life does not exist within the law. The Coronavirus has led many to question the efficacy of the Federal government’s response to the virus and further to…
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Like anything else that gets media attention today, it always depends on where you look and how much you want to dig. Take COVID divorce rates, for example. On October 16, 2020, the National Law Review published an article that indicated that “divorce rates were spiking,” citing a September 1, 2020 article in the New…
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A night out in Westchester County should be filled with good food, great company, and fun experiences. However, an unexpected slip and fall accident can quickly ruin an evening, and an untreated slip and fall injury can ruin a lifetime. Slip and fall accidents are what the law calls it when someone falls and gets…
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The extent to which the government can limit our freedom of movement has been called into sharp relief by the Coronavirus and the swell of Social Distancing and Stay-At-Home orders. Read on to find out where these powers originate and who controls your most controversial rights. The Attorney General has recently made it clear that…
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Challenging a will in New York State or New York City is not a simple task. The right to contest a will is not an inherent power available to just anyone. You cannot contest your neighbor’s will simply because you believe his estate should go to his daughter rather than his teacup Yorkie named Freddie….
Poquee v Wheldon 2024 NY Slip Op 51245(U) Decided on September 5, 2024 Supreme Court, Albany County, Hartman, J., restates the well settled (and perhaps unfair) rule that a criminal defendant has no good claim against the defense attorney absent “actual innocence” which generally means acquittal, exoneration or reversal on appeal. Practitioners get a large…
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1532-1609 OCEAN AVE LLC v. HERTZAN, 2024 NY Slip Op 24180 – NY: City Court, Civil Court 2024: This is a nonpayment proceeding commenced against Dena Hertzan (“respondent”) on the basis of an unregulated lease agreement to pay rent in the amount of $1,800 per month commencing April 1, 2020 and expiring March 31, 2021….
