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Litigation

  • Failure to Read Lease is Not Fatal to Claim

    August 01, 2019ssalkin
  • On June 14, 2019, New York lawmakers approved, and Governor Cuomo signed, the "Housing Stability and Tenant Protection Act of 2019." The Act contains a series of laws affecting all rentals within the State of New York, making permanent New York's rent regulation laws, which proponents say will ensure that New York's tenants are protected. However, as with any legislation, especially one that seems to have been enacted hastily, there are unintended and possibly quite adverse long-term consequences.

    August 01, 2019Mark Hakim
  • Cancellation of Satisfaction Denied
    Questions About Meeting of Minds
    Statute of Limitations Bars Foreclosure Action
    Merger Doctrine
    Unjust Enrichment
    Mortgage Acceleration Revoked
    Deed Valid When Not Intended As Security for Mortgage Debt
    Specific Performance Denied for Failure to Show Ability to Close

    August 01, 2019ssalkin
  • There are difficult depositions. Unproductive depositions. Ones where people cry or are rude or angry. And then, as the Delaware Supreme Court noted, there's Carole Shorenstein Hays. The 70-year-old Tony award-winning theater producer's behavior during her deposition prompted the Delaware Supreme Court to issue a 20-page addendum blasting her.

    August 01, 2019Jenna Greene
  • With increasing frequency, Chapter 7 trustees are looking to insolvent parents as well as colleges and universities to avoid and recover for estate creditors payments made by insolvent debtors for the benefit of the debtors' dependents. These cases are premised on the theory that the tuition payments being made by insolvent parents for the benefit of their children are avoidable as constructively fraudulent transfers because the parents do not receive reasonably equivalent value in exchange for the payment of such tuition. Courts are divided as to whether the payment of a child's tuition provides reasonably equivalent value to the insolvent parents.

    August 01, 2019Theresa A. Driscoll