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Blog Posts in June, 2006

"SHOW UP" FOR COCKTAILS!

Leecia Eve--former counsel to Senator Hillary Rodham Clinton and a former candidate for Lieutenant Governor--will be announcing the formation of a new organization, SHOW UP New York, created to ...
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"HOLEY SIDEWALK, BATMAN!"

In April 2006, the Appellate Division, Second Department, issued an unfavorable decision against a property owner, and dismissed a property-damage lawsuit which had been brought against the New York ...
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NYC RENT GUIDELINES BOARD RELEASES 2006/2007 RENT-INCREASE DATA

The NYC Rent Guidelines Board (RGB) establishes the permissible rent adjustments for the City's one million dwelling units subject to the Rent Stabilization Law. Each year, prior to releasing its ...
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DON'T HARASS ME!

While many believe a landlord or tenant can be sued for "harassment," few fully appreciate the limited array of rights and remedies currently recognized by New York law. Generally, "harassment" is ...
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ABUSE OF POWER? ... HAVE A HEART!

Justice Duane A. Hart of the Queens County Supreme Court should have sensed he was heading for a train wreck after the third mistrial of a contentious "unjust enrichment" and "constructive trust" ...
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"JUST THE FAX, MAM"

Irene Kleiner's copier was on the fritz and in need of repair so she hired a technician from a company known as the "World of Fax" to do the necessary work. Despite paying for the replacement of the ...
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NO TREBLE DAMAGES FOR ILLEGAL EVICTION?

A wrongful or illegal eviction occurs when a commercial or residential tenant is forcibly removed from its space without court order. Generally, the governing laws prohibit the use--or threatened ...
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WHEN "SUBJECT MATTER" MATTERS

Summary proceedings (whether they be about a tenant's nonpayment of rent or an occupant's "holding over") are frequently riddled with technical objections relating to the notices that preceded the ...
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"ROCK, PAPER, SCISSORS" ... EVERYONE LOSES

It's fortunate for the Honorable Gregory A. Presnell, a United States District Court Judge of the Middle District of Florida, that federal judges have life tenure. Appointed in 2000, by President ...
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SLIP SLIDING AWAY: WHAT'S UP WITH SLIPS AND FALLS?

According to published reports, over one million people suffer a slip, trip or fall-related injury each year, and over 17,000 Americans die as a direct result. Of the estimated 3.8 million ...
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ADVERSE POSSESSION: "LICENSE TO STEAL?"

Adverse possession--staking claim to a property owned by another--has been a topic addressed by prior posts and in the June 2006 issue of our firm's newsletter. Earlier today, the New York State Court ...
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THIS PRINCE WON'T BE APPEARING AT MADISON SQUARE GARDEN

New York's Madison Square Garden and several of its employees received an icy reception in federal court when they attempted to have a lawsuit dismissed. In Prince v. Madison Square Garden, the ...
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THE HIGH COST OF VACANCY DECONTROL

It's an ugly reality, which few in our industry are willing to discuss openly and candidly, but with each passing year, New York City is losing rent-stabilized apartments at an alarming rate. ...
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"DANGEROUS DOCTOR'S" DEFAMATION DEFEAT

Libel and slander are forms of defamation. In general terms, "defamation" is a false statement that injures someone's reputation and exposes the individual to public condemnation, contempt, hatred or ...
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HEY, MY HOUSE WAS NOT FOR SALE!

Each year, millions of Americans are victims of identity theft. While the most common manifestation is credit card fraud, also ranking high are unauthorized use of wireless telephone, bank, and debit ...
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NUDE PICTURES CAUSED NO DISTRESS?

In Anderson v. Abodeen, Lynis M. Anderson sued his former employer and others alleging that he had been subjected to "intentional infliction of emotional distress" and "sexual harassment" in the ...
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JUDGES NOT SWEET ON CHOCOLATE-MAKER'S EVICTION

In order for a corporation to enjoy the benefits of rent stabilization, the lease must specify a particular individual (and not a class of individuals, like a "corporate officer" or "President") as ...
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