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 […]
If you require nursing home care, your home can be transferred to certain relatives without disqualifying you from Medicaid. The New York five-year look-back period does not apply to transfers of your primary residence to: (1) your spouse and minor, disabled or blind children; (2) your sibling with an equity interest who has resided in […]
The New York Limited Liability Company (LLC) is a hybrid business entity which combines the best features of partnerships with corporations. LLCs are commonly used for real estate ventures and family partnerships because of their tax advantages. The LLC is formed by the filing of Articles of Organization with the New York Secretary of State […]
A Nassau County, New York Supreme Court Justice has barred a woman from the Long Island, NY home she jointly owns with her husband, saying that she had abandoned her residence during her unexplained absences while she was struggling with alcoholism. He granted exclusive occupancy to the husband pending the resolution of a divorce action, […]
Wells Fargo commenced a foreclosure action on a New York Homeowner. The homeowner notified Wells Fargo that, although he had discontinued utility services and winterized and secured the dwelling, he had not abandoned it. He visited the property regularly and had a neighbor watch it in his absence.After Wells Fargo found the front door of […]