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Blog Posts in July, 2006

COURT SQUELCHES UNION PROTEST

Noise. It's a menace to us all. And, an ugly reality of urban living. Yet, what does one do when things get a bit bothersome or extreme and the police won't intervene? And, better yet, what if the ...
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SHAME ON YOU, MR. BURKE!

In our local papers, including today's New York Times, Kevin Burke, Chairman and Chief Executive Officer of Con Edison, has published a full-page open letter addressed to the hundreds of thousands of ...
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ANIMAL SHELTER LIABLE FOR STOLEN KISSES

Darlene Feger sued the Warwick Animal Shelter in Orange County Supreme Court for money damages and to recover possession of "Kisses," her stolen cat. Apparently, the shelter accepted the white ...
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WHERE DO I SPEND MY LIFE ESTATE?

Can an owner evict a "life tenant," who is paying a very low (submarket) rent, when that individual is not primarily residing in the apartment unit? According to the Appellate Division, First ...
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DON'T LET THE "BAT BUGS" BITE?

In response to "Invasion of the Night Crawlers," an article that appeared in the July 2006 edition of our newsletter, we received a letter from a Board Certified Entomologist that raises some ...
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THE BARD AND THE BULL

Are you ready for a decision that reads like an unbelievable children's story? On September 27, 2001, Larry Bard, a self-employed carpenter, had an encounter with a hornless dairy bull named "Fred." ...
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WHAT'S A BAD REVIEW WORTH?

Founded in 1979 by Tim and Tina Zagat (two Yale law grads), the Zagat Survey has become one of the City's best-selling (and highly regarded) restaurant guides. Featuring anonymous reviews supplied by ...
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HOW LONG HAVE YOU GOT?

Normally, we don't know when our time is up. But, the law does afford us some degree of certainty. When someone is injured in an accident or otherwise suffers damage or loss, there is a limited period ...
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VOTER APATHY: A THREAT TO OUR DEMOCRACY

Voter turnout in New York State has recently fallen to disturbing levels, particularly during non-presidential election cycles. Since 1998, New York's rank among the 50 states has plunged from 37th to ...
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OLYMPIC SKATER DENIED THRILL OF VICTORY

In 1997, Nicole Ziegelmeyer, a two-time Olympic medal winner, was preparing for the Nagano Winter Games at a skating facility operated by the United States Olympic Committee (USOC) in Lake Placid, New ...
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IT DOESN'T TAKE A VILLAGE ....

Anthropologist Margaret Meade observed that, "a small group of thoughtful, committed citizens can change the world." With your help, we can take a major step toward effecting change and reversing the ...
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GOD'S BATTALION SENT TO ARBITRATION

In God's Battalion of Prayer Pentecostal Church, Inc. v. Miele Assoc., LLP, the Church was embroiled in a battle with its architect over the enforceability of an unsigned agreement to arbitrate. In ...
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ANNIE, GET YOUR GUN!

In response to inquiries, the Advisory Committee on Judicial Ethics issues advisory opinions on ethics-related matters of pertinence to New York judges. An unidentified jurist recently asked the ...
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BAD "IAIs" BEGET BIG "IOUs"

One of the ways an owner may increase the rent of a regulated unit is by making substantial improvements, repairs, and/or providing additional services. With rent-stabilized units, for example, the ...
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HOW TRUSTWORTHY ARE TRUSTS?

Once reserved exclusively for the extremely rich, trusts have now become an integral part of estate planning. Many utilize trusts not only as a mechanism to reduce an estate's tax exposure, but as a ...
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GAY RIGHTS, WRONGED

Civil rights advocates are in an uproar over the Court of Appeals's decision in Hernandez v. Robles, an outcome described by Chief Judge Judith Kaye as an "unfortunate misstep" in the Court's history ...
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CASHING IN THOSE FREQUENT FLYER MILES

Ever wonder what those frequent flyer miles are worth? Well, depending on whom you ask, you can expect an array of mathematic calculations ranging anywhere from a penny to nine cents per mile. Were ...
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WHEN THERE'S A WILL, THERE MAY NOT BE A WAY

Wills and life insurance policies happen to be two methods of disposing property upon death. Every now and then the terms of a will directly contradict provisions of a life insurance policy. That begs ...
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HOSPITALS: WHERE THE GERMS ARE

Here's a dirty secret: Going to a hospital could kill you. According to published reports, hospital-acquired infections are the fourth largest killer in the United States, causing as many deaths as ...
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