DEATH AND LITIGATION
- Aug 14 2020
Litigation can be a long and drawn out process. As a result, parties sometimes die during the pendency of a lawsuit. In such a case, CPLR § 1015 – Substitution …
Litigation can be a long and drawn out process. As a result, parties sometimes die during the pendency of a lawsuit. In such a case, CPLR § 1015 – Substitution …
Generally, when a loan is made by a lender that is secured by real property, two of the documents delivered to the Lender by the borrower are a promissory note …
It makes sense that a “plaintiff appears merely by bringing it.” Deutsche Bank Nat. Trust Co. v. Hall, ____ N.Y.S.3d ___, 2020 WL 4342753 (July 29, 2020) (citation and internal …
This Blog has previously addressed “economic duress” and the “voluntary payment doctrine.” [HERE], [HERE] and [HERE] “Economic duress” is a theory upon which a “complaining party [seeks] to void a …
On numerous occasions, this Blog has addressed issues surrounding certain notice obligations imposed on mortgage lenders foreclosing on residential property. For example, section 1303 of the Real Property Actions and …
This Blog has addressed many issues related to mortgage foreclosure. [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE] and [HERE]. As to the issues relating …
Statutes of limitations, which are a critical part of litigation, are designed to prevent litigants from sitting on their rights. A brief primer on New York’s Statute of Limitations, is …
Referees are frequently appointed by New York courts. The fees to which an appointed referee is entitled are generally governed by Rule 8003 of the New York Civil Practice Law …
Referees are frequently appointed by New York courts. The fees to which an appointed referee is entitled are generally governed by Rule 8003 of the New York Civil Practice Law …
Under the present “commencement by filing” system, an action (or proceeding) (collectively, an “Action”) is commenced by filing (CPLR 304(a))the initiatory paper(s) with the “clerk of the court in the …