A landlord started a nonpayment eviction action in Town Court, Westchester County. The tenant’s rent had been partially paid by a subsidy under the Section 8 program. She did not pay her share of the rent for four months. The tenant argued the arrears should be eliminated or significantly reduced by an abatement during eighty-one…
The black mother of five children responded to an ad on Buffalo Craigslist for the sale or rental of a four-bedroom Amherst, New York single-family home. The rental agent, a licensed New York real estate broker, was listed as the contact. She called the broker and arranged to view the premises. She was met by…
In a proceeding challenging the validity of certain trusts and transactions involving the decedent’s assets that occurred shortly prior to his death, the petitioner, who was the surviving spouse and limited administrator of the decedent’s estate, sought an order directing, the resumption of the respondent’s deposition and compelling him to respond to certain questions. During…
The presence of a gun in a household where domestic violence occurs increases the chances of fatalities by six times. A new law, effective November 29, 2011, helps ensure that the federal prohibition against qualifying misdemeanor domestic violence offenders’ eligibility to access a firearm is strongly enforced. The New York Domestic Violence Firearm Protection Act…
The New York estate of a deceased woman may not sue her long-time domestic partner for half of the payments the deceased woman made toward the purchase and upkeep of their shared home, the New York Appellate Division, Second Department has ruled. The deceased woman, Susan, and the defendant, Charles, bought a vacation property in…
A Huntley/Mapp/Dunaway suppression hearing was held to determine whether there was probable cause to arrest the defendant and the admissibility of physical evidence recovered from his home and statements made by him to the officer at the scene. A New York City Police officer received a radio call that a child called 911 to say…
As a New Yorker, age 60 or older, you may be missing out on dollar benefits and community services. In the free New York State Bar Association pamphlet, 17 Benefits for Older New Yorkers, you’ll find important facts: how finances and age affect eligibility and little-known rules regarding eligibility. Each county in New York State,…
Eight days after receiving an environmental violation notice related to bulk storage of petroleum on property that he owns in Chautauqua County, the former owner of a gas station and convenience store filed a Chapter 13 bankruptcy petition. The petition made no mention of the violation notice. The New York State Department of Environmental Conservation …
The home buyer,” to his horror, discovered that the house he had recently contracted to purchase was widely reputed to be possessed by poltergeists, reportedly seen by the seller and members of her family on numerous occasions over the last nine years.” He promptly sued the seller and the broker to rescind the contract of…
New York victims of domestic violence will benefit from five (5) new laws. The gap between federal and state anti-domestic violence firearms laws has been closed by preventing individuals who are convicted of certain violent misdemeanors from purchasing firearms. Currently, a federal firearms dealer may not sell a firearm to a person who has been…
