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Blog Posts in October, 2006

IN HONOR OF ALL SAINTS ....

Several weeks ago, I happened upon a highly respected attorney while walking the hallowed halls of the New York County Supreme Court building on Centre Street. After our initial salutary exchange, I ...
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DUANE READE SLAPS LANDLORD FOR NEGLIGENCE

Duane Reade--a privately held drug store chain with over 230 stores in the Metropolitan New York City area--sued one of its landlords for $500,000 in damages caused by a sprinkler-pipe burst. In its ...
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MOUNT PLEASANT COMBATS LEGION OF CHRIST, AND LOSES!

In 1996, IBM sold a 97-acre parcel of property, in the Town of Mount Pleasant, to the Legion of Christ, Inc., an order of the Roman Catholic Church. Before and after the sale, the Town objected to the ...
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IF IT AIN'T BROKE....

In Maltezos v. Sony Electronics Inc. , Alex Maltezos sued Sony Electronics, in the Small Claims Part of the New York County Civil Court, alleging he had purchased a "defective" computer. There was a ...
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LANDLORD NOT REQUIRED TO PROVIDE RADIATOR COVERS

Are landlords required to provide radiator covers (in the absence of some statutory obligation or if the there is no notice given of some defect or condition that would warrant repair)? According to a ...
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GUESS WHO'S LISTENING TO YOUR PHONE CALLS?

On October 4, 2006, a three judge panel of the United States Court of Appeals for the Sixth Circuit stayed a District Court's ruling which declared the nation's "Terrorist Surveillance Program" (TSP) ...
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RENT-CONTROLLED TENANT EVICTED FOR RUNNING A "DORM"

Rent-stabilized tenants are not permitted to profit from their protected status by leasing out their units at rental rates which grossly exceed their proportionate share of their rent (or which exceed ...
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PATERNITY BY ESTOPPEL: IT'S YOUR BABY, CAUSE YOU SAID SO!

If you mistakenly believe that a child is yours, will the law prevent you from disclaiming your parental responsibilities when the truth is later discovered? According to the New York State Court of ...
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ISN'T YOUR LICENSE WORTH $350?

With some limited exceptions, New York State attorneys are required by law to file a registration statement every two years and pay a $350 filing fee.* Believe it or not, the failure to complete the ...
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LUCAS A. FERRARA SELLS OUT!

On Thursday evening, October 19, 2006, my partner and co-author, Lucas A. Ferrara, was the keynote speaker at a dinner event sponsored by The Judicial Title Insurance Agency LLC at the Grand Hyatt New ...
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WHAT'S THE MATTER OF FERRARA?

A "power of attorney" authorizes another to act in your absence, and in your place and stead, in any legal or business transaction. The person giving the authority is known as the "principal" or ...
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STIPULATIONS AND SETTLEMENTS

Agreements reached within the context of litigation are typically memorialized in written form and are known as "Stipulations of Settlement." Like any contract, these documents will be enforced in ...
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FOR THE BIRDS?

As we approach the holiday season, we thought we would share a nifty gift idea with you. An architectural and design firm based in London, England, has released plans for a unique home which would ...
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NOW YOU DON'T HAVE TO GIVE 'EM FIVE?

As we anticipated several weeks ago, the Appellate Term, First Department, has issued a decision which concludes that an additional five days need NOT be added to "Golub" or "window-period" notices ...
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THE COST OF COMPLETING CONSTRUCTION

When a contractor fails to complete a construction project in accordance with the terms of an agreement, a party may sue for breach and recover damages. In Liddell v. Ali, the Kings County Civil Court ...
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ADVERSE-POSSESSION UPDATE

It's clear, from the calls and e-mails we receive, that the continued application of New York's adverse-possession law troubles many property owners throughout our state. Last week, we contacted ...
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THAT WASN'T A PISTOL IN HIS PANTS!

Some cases are just plain bizarre. And, Matter of David H. is a prime example. In this particular dispute, a Family Court Judge adjudicated a child a "juvenile delinquent" for the unlawful possession ...
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POT LUCK?

Ever wonder what's stored in the deepest recesses of your neighbor's garage? Based on a recently reported decision, there may be cause for concern. It appears that some people are harboring a lot more ...
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SOME MITCHELL-LAMA OCCUPANTS JUST CAN'T SUCCEED

The regulations which govern rent-controlled and rent-stabilized units permit a surviving or remaining occupant--who was not named as tenant on the lease--to remain in the unit and to "inherit" or ...
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FTC OBJECTS TO ATTORNEY-ADVERTISING RULE (GO FIGURE!)

A few months ago, we took issue with the Office of Court Administration's proposed stance on "attorney advertising." Since there already are an extensive array of rules and regulations that govern ...
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WHEN'S A BROKER'S COMMISSION LOST?

Typically, a broker's commission is earned when the broker produces a buyer "ready, willing and able" to purchase the property on terms acceptable to the seller. That arrangement may be modified by a ...
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SAY NO TO SECONDHAND SMOKE!

It's a decision that made the news and has been analyzed by commentators in such publications as The New York Times and the New York Law Journal. But the outcome in Poyck v. Bryant, didn't come as a ...
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INSURANCE COMPANY GETS COOKED

Insurance companies will typically not cover the willful or intentional acts of an insured. So, when a man was shot and killed by Alfred S. Cook in Cook's home, it should have come as no surprise that ...
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VIDOL'S VITRIOL GONE VILD

Not all misconduct will serve to support a tenant's eviction. And, if the basis for the occupant's removal is premised upon "nuisance," isolated instances of misconduct will typically not suffice. As ...
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SENIOR SACRIFICES SECURITY (DEPOSIT)

Poor Phyllis Plotkin lost her security deposit when she failed to give her landlord adequate notice of her election to relocate to senior housing. According to New York State law, (Real Property Law ...
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