The Saving Provisions of CPLR 205(a)
- Mar 5 2021
Many times, the applicable statute of limitations expires during the pendency of an already commenced action. No problem – right?, While generally speaking such an occurrence should not be a …
Many times, the applicable statute of limitations expires during the pendency of an already commenced action. No problem – right?, While generally speaking such an occurrence should not be a …
Frequently, the first question asked by a potential client when consulting about a new litigation matter is “can we sue them for our legal fees.” Clients are often dismayed to …
This BLOG has written extensively on issues related to residential mortgage foreclosure actions. Indeed, earlier this month, in “PRETEXTUAL DE-ACCELERATION OF MORTGAGE DEBT”, this BLOG provided an overview of the …
his BLOG has addressed too may issues regarding residential mortgages to mention. [Type “mortgage foreclosure” in the search engine box on our BLOG page to find related articles.] A mortgage …
[EDITOR’S NOTE. On February 18, 2021, the New York Court of Appeals decided Freedom Mortgage Corp. v. Engel, in which it, inter alia, expressly rejected the “pretextual de-acceleration” theory. This …
In late December 2020, Governor Cuomo signed into law the “COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020” (the “Act”), which has an effective date of December 28, 2020. …
In one of our BLOGS from last week, we addressed the remedy of specific performance in breached real estate contracts [HERE]. The BLOG noted that, under certain circumstances when monetary …
The lyrics to the song “Money (That’s What I Want)”, written by Berry Gordy and Janie Bradford and covered by, inter alia, by The Beatles, seem shortsighted when contemplating available …
The New York Court of Appeals has described as “familiar and eminently sensible,” the proposition of law “that, when parties set down their agreements in a clear, complete document, their …
According to Wikipedia, New York Senator William L. Marcy coined the phrase “to the victor belong the spoils” when “referring to the victory of Andrew Jackson in the election of …