The law makes sure that no one needs to fear the threat of lawsuit for the rest of their lives over one incident. Statute of limitations provide set time limits for different causes of action, and once that time has passed, that claim can no longer be brought in front of a court. Here are the […]
A former spouse does have a legal basis to try to enforce the judgment for alimony against an IRA and 401(k) in New York. The accounts would fall within this exception in CPLR 5205(c)(4) and would not be exempt under these circumstances. See a comprehensive analysis of the law below…
Suppliers of labor and materials may run into a problem when a customer does not pay for the services or materials provided. It is only fair that owners of a project that benefited from these contractors and suppliers should pay for these services and materials. New York Lien Law permits contractors and supplies to file a Mechanic’s […]
RPAPL §1304 requires that the lender or assignee send a borrower a mandatory 90 day pre-foreclosure warning notice as follows: 1304. Required prior notices. 1. Notwithstanding any other provision of law, with regard to a home loan, at least ninety days before a lender, an assignee or a mortgage loan servicer commences legal action against the borrower, including mortgage foreclosure, […]
I just received this notice from the National Association of Consumer Bankruptcy Attorneys: New Bankruptcy Forms Effective December 1, 2015 Most Official Bankruptcy Forms will be replaced with substantially revised, reformatted and renumbered versions effective December 1, 2015. The revised forms were approved by the Judicial Conference on September 17, 2015. These new forms are […]
A plaintiff’s case may be barred from litigation if the plaintiff’s conduct constitutes unclean hands, meaning that the plaintiff acted inequitably. If a plaintiff is found to have unclean hands then he is not allowed to look to the court system to help his action. Here is an excerpt from a brief of mine dealing with a […]
In many disputes over personal jurisdiction, the issue of proper service is raised by a defendant. Here is an excerpt from my brief dealing with such a defense:
I just dealt with these defenses in a recent case: accord and release and waiver. Here are the legal standards:
So you have a case to file but the question is, where and in what court do I file? In New York State, there is a Supreme Court in each of the counties. Each one is a court of general jurisdiction.