Q&A: NYC Bar president on an initiative to reach diverse lawyers-to-be in childhood By: Daniel Wiessner (Reuters) – The New York City Bar Association is launching a far-reaching initiative to diversify the legal profession by creating a talent pipeline that begins as early as elementary school, after finding in a recent report that minorities remain… Read more
Ironically, despite their divine origin, disputes between neighbors over trees often arise and, as a recent case illustrates, become the subject of hard-fought litigation. Shafi Ahmed and Nusrat Ahmed filed a Small Claims proceeding against their Middletown, New York neighbor,. Allen H. Zoghby. Both Parties appeared without attorneys. The Ahmeds alleged that roots from a tree,… Read more
A recent case illustrates the point: A Romanian Orthodox Christian Church in Elmhurst, Queens is adjacent to a construction site. Defendants were building a substantial residential apartment building next door. For construction to proceed, a retaining wall was built very close to the Church property line. The Church hired a professional surveyor who found that the… Read more
You are an officer, director/manager or agent for a corporation, limited liability company or residential cooperative/condominium. You occasionally receive garden-variety claims for personal injuries (e.g. slip-and-falls). And from time-to-time more threatening claims (e.g. discrimination, breach of fiduciary duty). First thing first: immediately notify your liability insurance carrier in writing. And second: preserve all hard copy and electronic documents… Read more
CUCS Housing Development Fund Corporation and several related entities sued under RPAPL § 881 for Court-imposed access, for the purpose of underpinning a neighboring property on West 12th Street owned by Clifford S. Aymes. Underpinning is the extension of the foundation of one property to below the foundation of a neighboring parcel. CUCS was trying to begin a construction project… Read more
Dry land has been around—well, according to the Bible, since the third day of the Creation. So it is not surprising that land disputes relating to ownership of real property often have their “Genesis” in facts, circumstances, and documents with an ancient pedigree. A recent case, in which the Town of Southampton and the Freeholder… Read more
Copyright by, and republished with permission of, Habitat Magazine. Wade and Vanessa Johnson thought they were getting a “triple mint” luxury unit when they bought a gut-renovated apartment from the sponsor of a cooperative conversion at 1150 Fifth Avenue. But after the closing, the Johnsons learned that there were numerous conditions in the apartment that… Read more
Rule 62 of the Federal Rules of Civil Procedure[1] addresses a stay of proceedings to enforce a judgment. Amendments to Rule 62 became effective on December 1, 2018. The amendments reorganize the Rule somewhat, clear up some confusing timing issues, and replace the term “supersedeas bond” with “bond or other security.” As to timing, amended… Read more
A Central Park West condominium sued the owner of a first-floor unit and her son for breach of contract and nuisance. The Board wanted to enjoin them from smoking marijuana and making excessive noise in their unit. At the outset, the Supreme Court issued a preliminary injunction that prohibited defendants from smoking marijuana and permitting marijuana… Read more
Nancy McCaskill bought the shares for a cooperative apartment in Mount Vernon, New York in April 1998. At the time she entered into possession a washing machine was installed. In 2014, the Board of Directors enacted the following House Rule 21: The Board of Directors having determined that the plumbing systems of the Buildings are… Read more