Mr. Acosta was dragged into an abandonedbuilding, robbed and murdered by Mr. Melendez-Sanchez. The plaintiff, administratix of Acosta’s estate, claimed that thebuilding was a public nuisance as it was abandoned and unlocked. She argued if the building had been properly sealed, Melendez-Sanchez would not have been able to break in and murder Acosta. The Kings […]
Tenant sought an injunction barring the public administrator (PA) from selling the property of the deceased landlord or continuing an eviction proceeding against him. He claimed to be the owner of the landlord’s real estate as she expressed a desire to give him her home as a gift. The landlord lived in an apartment on […]
This post is a off-topic, but it is an important one. I was appointed Chairman of the Porsche Raffle Committee by the Clarence Rotary Foundation. Each year the foundation initiates fundraising efforts which benefit healthcare, youth activities, scholarships and community projects. For 2011, we are upping the ante – the Clarence Rotary Foundation is raffling […]
To establish a claim for “squatter’s rights” or adverse possession in New York, the claimant must establish that his or her possession was: 1) hostile and under claim of right; 2) actual; 3) open and notorious; 4) exclusive; and, 5) continuous for ten years. Two recent New York County Supreme Court cases ruled on adverse […]
Tenants in New York manufactured home parks have the right to: be free from retaliation for makinga complaint or joining a tenant association; arent discount for participating in the STAR or any other real property tax exemption program; a copy of park rules and regulations and a written statement of all fees at the commencement […]
Mother died at age 84 survived by twin daughters, Elizabeth and Julia. One day after her mother’s death, Elizabeth petitioned for probate of a will executed less than four months earlier, which left her the entire estate. Julia contested the will alleging fraud and undue influence on the part of the Elizabeth. After a non-jury […]
Rochester Area Drug Crime Arrest Criminal Defense Attorney The defendant, charged with criminal possession of marijuana, moved for suppression. He was stopped by police officers for speeding. Upon approaching the vehicle, the officers testified there was a “strong odor of marijuana” emanating from the car. They asked the defendant to step out of the car […]
A New York commercial landlord sought to recover possession of the premises and $19,449 in rent. The rent demand served on the tenant was in the form of a letter from the landlord’s attorney which: (a) did not state whether it was a three-day notice, a five-day notice, or something else; (b) did not state that […]
Defendant was charged with menacing and harassment after an alleged altercation with police officers. The officer was writing a parking summons when defendant verbally accosted him, demanding to know what the ticket was for. The officer testified that the defendant became verbally abusive and approached him with clenched fists. The Bronx, NY County Court found […]
Foreclosure filings in various courts around the nation have a variety of defects, including the failure of attorneysto review documents, bogus notarized affidavits and the “robosignature” of piles of documents by lenders and their attorneys. New York judges have complained about rampant errors in legal filings by banks seeking to foreclose on record numbers of […]