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Blog Posts in January, 2007

44 results found. Viewing page 1 of 2. Go to page 1 2   Next

CITY'S DRUG SCREENING AIN'T UNCONSTITUTIONAL

In Jennings v. Leon, a job applicant sued the Kings County Hospital Center, (NYC Health & Hospitals Corp.), and others, alleging that he been wrongfully denied employment on the basis of two ...
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DON'T DIE ON ME, PLEASE

What is the impact of a litigant's death on a pending lawsuit? The simplest answer is that all pending activity in the case is typically held in abeyance or "stayed," until an estate ...
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SUPER TENANT?

Superintendents are usually permitted to occupy apartments in the buildings where they work as an "incident of employment." By that we mean, in exchange for providing services to the ...
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SOME LIKE IT HOT!

For the employees of the Department of Homeless Services (DHS), hot summer days from 2000 to 2003 lead to bitter complaints thanks to a malfunctioning air conditioner. Once considered an extravagance, ...
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HOME HEALTH AIDE LOSES SUCCESSION CASE

When a tenant dies or abandons a regulated apartment, certain family members and "significant others" are permitted to remain in the unit as tenants in their own right. According to existing ...
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LAW PROFESSOR SLAMMED FOR INSULTING COURT

No one likes losing a case. And it can get particularly frustrating when the loss is attributable to the court's misinterpretation of the governing facts and law. But a 12-page opinion recently ...
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MICAH KELLNER FOR STATE ASSEMBLY

Peter Grannis, the State Assemblyman who has represented the eastern part of the Upper East Side (Yorkville) and Roosevelt Island for 32 years, has been nominated to the position of Commissioner of ...
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TREIMAN MAKES LAW

In 2006, the New York State Bar Association formed a Legislative Committee as part of the Real Property Section. As the Committee formed, Dov Treiman was among those invited to serve as a charter ...
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KNOW YOUR CURRENT EVENTS!

Looking to expand your political and/or social horizons? A list of events for the month of February 2007 follows. (This information is supplied to our readers for informational purposes only, and does ...
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INMATE GOING TO COURT OF APPEALS?

An inmate at the Arthur Kill Correctional Facility fractured his finger when he fell off his upper bunk bed. Although an attending physician, Dr. Francois Thebaud, treated the injury and purportedly ...
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NO DRINKING AND WALKING ....

In the case of McNally v. Sabban, plaintiff Thomas J. McNally fell down the stairway of a residential rental building owned by the defendants. In a personal injury case brought in the Bronx County ...
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PAYBACK'S A B*TCH!

With increasing frequency, people are incurring substantial property damage or suffering from severe physical maladies as a result of mold. If you think these kinds of claims are covered by insurance, ...
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NUISANCE NOTICE A NULLITY

Our blog posts have addressed the elements of "nuisance" within the landlord-tenant context. And, as we have previously observed, in order to win this kind of dispute, a landlord must ...
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LANDLORD DENIED CORRECT RENT

Stipulations -- agreements reached within the context of litigation -- are much like any other contract and are governed by many of the same legal precepts and principles. In summary nonpayment and ...
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HERE'S AN INESTIMABLE CASE

Some cases are unfathomable, particularly when you are reading about them for the first time on appeal. In a small claim's case brought in the Bronx County Civil Court, Fred Blumenstein sued Shivani ...
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HOW SOUR IS YOUR CAR?

New York's "Lemon Law" compels car manufacturers to repair or replace vehicles which have warrantied defects during the first 18,000 miles or within the first two years of ownership ...
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ADVERSE POSSESSION: WHAT DOES IT TAKE?

The legal doctrine of "adverse possession" triggers more fear in the hearts and minds of real-property owners than any other issue imaginable (other than death and taxes, of course). As we ...
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MARIAH'S SEX REASSIGNMENT SURGERY POSTPONED

Here's a case you won't read about every day. On or about January 18, 2006, the New York County Family Court granted a Law Guardian's motion for an order directing the Commissioner of Social Services ...
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THE NEW "AMERICAN RULE?"

Interesting stuff is happening at the Appellate Division (First Department) these days, particularly when it comes to awarding a "prevailing party" legal fees, costs and disbursements. It ...
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STEP 1: MAKE A DEMAND OF THE RENT

Before a landlord may begin a nonpayment proceeding, the governing statute requires that a "demand of the rent" be made upon a tenant.* This formal request for the payment of all outstanding ...
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DON'T YOU CALL ME STUPID, STUPID!

Judge Gerald Lebovits has a monthly column called "The Legal Writer" featured in the Journal, a publication of the New York State Bar Association. In this month's issue (Vol. 79, No. 1), ...
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THE PERILS OF PETTING PETS AT PETCO

Animal Haven travels by way of a mobile van transporting companion animals to various events throughout the state so that adoptions may be facilitated. You may have encountered the organization's ...
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HOW DIVERSE IS THE CITY'S HOUSING COURT?

According to Steve DeCastro, Esq., a respected litigator and housing court advocate, the racial composition of the City's Housing Court Judges is among the most diverse in our state. While there's ...
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$15M JUDGMENT AGAINST JOEL STEINBERG, STANDS

In the late 1980's, Joel Steinberg, a "convicted child killer and abuser," was involved in a horrific criminal case which is still ingrained in the minds of many. On November 4, 1987, ...
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VIOLATING PROBATION WILL GET YOU EVICTED

At one time or another, all of us have paid our rent or maintenance late. While these lapses typically result in the imposition of a late fee when that charge is authorized by the lease and is ...
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44 results found. Viewing page 1 of 2. Go to page 1 2   Next