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Cases and disputes can vary in complexity. Some can be handled in a routine 20 minute phone consult. More complex matters will require time to review and analyze documents and legal issues. If your matter is more complex, we may offer you a paid one hour consultation or hourly services, depending on the time needed to properly evaluate your situation. We always require a signed retainer agreement before we begin to provide legal services. The agreement will detail the scope of services included as well as your rights as a new client.
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Lanin Law P.C.
330 W 38th St., Suite 506
New York, N.Y. 10018
(212) 764-7250
*on W38th St. between 8th and 9th Avenues, walking distance from Port Authority, Times Square, and Penn Station
The Limited Liability Company’s Operating Agreement in New York
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott LaninThe Operating Agreement is the document that controls the operations of an LLC. It is similar to corporate bylaws or a shareholder’s agreement or a partnership agreement. Unlike the articles of organization which is a public document, the operating agreement is not open to public scrutiny. But what does the agreement actually contain? Read more
Removing the Lis Pendens
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott LaninThough it may sound like it, removing the lis pendens is not in the game Operation. A Lis Pendens, is simply a public notice of a pending lawsuit. I recently handled a dispute over a driveway easement and filed a lis pendens against the easement. Here are the legal standards: Read more
Feeling Contempt Toward Contempt
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott LaninBeing held “in contempt of court” is one of those tropes Hollywood loves to use, but in reality, it can occur for much less than throwing a tantrum during trial. If a party does not obey or breaches a court mandated order, he may be held in contempt. Here are the standards that apply: Read more
Did You Actually Settle?
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott LaninIf the validity of a settlement is in dispute, one test is to check whether the settlement was made in court or in writing, and whether the court conducted an allocution. Read more
Confidentiality Language in Deeds will preclude Summary Judgment in Easement Disputes
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott LaninBranching off from last month’s discussion of Summary Judgment (if you missed that click HERE), different causes of action will bring about different standards for what truly is triable question of fact. Disputes over easements, for example, look at multiple factors in determining issues of fact. Here is an section from my brief in a recent case involving this issue: Read more
Cram Down a Reverse Mortgage
/in Foreclosure & Loan Mod Blog /by Scott LaninBankr SD Fla: Debtor Could Cram Down a Reverse Mortgage that Became Due Prepetition. The Code’s Anti-Modificaiton Provision in 1322 did not preclude doing so. Debtor who inherited home from her mother and was not on the note had standing to move the court to bifurcate the reverse mortgage claim into a secured and unsecured portion and treat the holder of that mortgage in a chapter 13 plan.
In re: DELOIS GRAY, Chapter 13, Debtor. Case No. 14-31097-RAM.United States Bankruptcy Court, S.D. Florida. April 8, 2015.