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Blog Posts in June, 2007

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YOU CAN'T TRUST LAWYERS

Did you catch the Appellate Term's decision in 701 Empire Blvd., LLC v. Sweet ? You're certain to like it, particularly if you despise attorneys. In that case, the tenant retained counsel to vacate a ...
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GRANDNEICE COULD NOT SUCCEED

Although we've written about it before, since we continue to receive a number of inquiries about this particular area of law, and in view of the many reported decisions on the subject, we thought we ...
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BONG HEAD TAKES A HIT

Readers may recall our March 22, 2007 blog on a free-speech case involving a student who was punished for unfurling a banner that read "BONG HITS FOR JESUS." After the conclusion of oral arguments ...
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WILL THE MEDICAL MARIJUANA BILL END UP IN SMOKE?

Will New York be the thirteenth state to decriminalize the medical use of marijuana?* Not if our Senate leaders have their way. On June 13, 2007, in a 95-52 vote, the New York State Assembly passed ...
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IT'S TIME TO SLAM CON ED!

Earlier this afternoon, I received a message from New York City Councilmember John C. Liu 's office about the power outage which impacted some 10,000 residents of Flushing, Queens, on June 1, 2007, ...
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WHO CARES ABOUT THE 72nd STREET OFF-RAMP?

If you live on the West Side of Manhattan, or drive to or from the City, then the Department of Transportation's plan to close the 72nd Street off-ramp of the Miller Highway and to eliminate rush-hour ...
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LANDLORD GETS NO FEES

When lease-related disputes arise, tenants will frequently file lawsuits against their landlords asking judges to determine the parties' rights and obligations. If a court should side with the ...
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KID BIT BY SCOOTER

For two centuries it has been New York State law that an animal's vicious propensity must be known to its custodians for negligence liability to attach. Without some form of knowledge (be it actual or ...
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THIS CUERVO AIN'T GOLDEN

Last week's decision by the Appellate Term, First Department, again serves to caution regulated tenants about the perils of "overcharging" roommates. While rent-stabilized tenants may charge ...
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THIS 50 CENT WILL COST YOU $100,000

Don't let his name fool you. 50 Cent, also known as Curtis Jackson, don't come cheap. In 2003, Milan Music, Inc., a small recording company, began negotiations with Michael Lighty of Emmel ...
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MY BRUSH WITH LT

In our business, the letters "LT" typically stand for "landlord tenant." So, you can imagine my surprise when I kept hearing those letters being muttered on a flight which was ...
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EVEN THE APPEAL WAS FRIVOLOUS?

Some cases are jinxed and should never see the light of day. After reading the Appellate Division's decision in Mascia v. Maresco, we are certain that the Plaintiff is having second doubts about ...
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WHEEL STOPS AIN'T "INHERENTLY DANGEROUS"

Typically made from concrete or recycled plastic, you'll find wheel stops -- also known as "bumper curbs," "parking blocks," or "parking chocks" -- in almost every ...
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WILL CHANGE TO ADVERSE POSSESSION LAW MAKE A DIFFERENCE?

Our friends Upstate have been keeping us posted on their efforts to secure changes to the law of "adverse possession." And, it appears that they may have achieved some measure of success. ...
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PERMISSIVE EASEMENT DEFEATS ADVERSE POSSESSION CLAIM

In a dispute arising from the use of a portion of private roadway located on C.R. Wallauer's property, Lakeside Colony Condominium sought to "quiet title" pursuant to Real Property Actions and ...
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SOMETHING TO CHANT ABOUT?

A father lost sole custody of his child due to a disintegrating relationship with her. Not only was there "an escalation of verbal and physical conflicts," but the father was unable to ...
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YOU MEAN PROSECUTORS CAN BE TRUSTED?

With former DA Michael Nifong's ethical lapses and eventual disbarment receiving national headlines over the past year or so, we found the case of People v. Marks to be particularly intriguing. In ...
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DISABLED SENIOR NOT EVICTED FOR DRUG SALES

New York State law typically takes a hard-line position on commercial drug-trafficking within (or in the vicinity of) residential units. Tenants have been evicted from their homes even when they have ...
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NEW YORK CITY DEFEATS INDIA

The U.S. Supreme Court, in Permanent Mission of India to the UN v. New York City, has reinforced the validity of a tax lien filed by the City of New York on a building owned by the country of India.* ...
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"TIME OF THE ESSENCE" LEADS TO UNCHARITABLE OUTCOME

In Sherman v. Real Source Charities, Inc, the Appellate Division, Third Department, ruled against a charitable organization and enforced a "time of the essence" (TOE) provision in a contract of sale. ...
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ADDRESS ON TAX RETURNS DIDN'T KILL TENANT'S CASE

Regulated tenancies can come to an end when the protected occupants are found to primarily live "elsewhere" -- that is, in a place other than the rent-controlled or rent-stabilized unit. In ...
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ZIPPO GETS ZIPPO

Within the context of a Family Court proceeding, John Zippo alleged that Jennifer Zippo was in breach of a custody agreement and order which provided the John would see his child three days each year ...
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"WASN'T THAT A BIT PITCHY, DAWG?"

Giovanni Ragusa was delivering a load of Poland Spring Water -- a bunch of those heavy six-gallon bottles -- to the Vivian Beaumont Theater (VBT) when the dolly he was using tipped, causing the ...
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WHAT IS "MATERIAL" MADE OF?

Before a tenant will be evicted for a lease-related violation, a court will usually inquire as to whether the default was "material" or "substantial." When a breach is found to be ...
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CALL US PRESCIENT: NIFONG DISBARRED

It's not that we take pleasure in another's pain or travails, but we anticipated that things didn't look too rosy for former District Attorney Michael B. Nifong -- the prosecutor in the Duke lacrosse ...
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