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Articles Posted in Long Island

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Probate Clears up Issue of Old Loan by Decendent

In this Probate action, the decedent died leaving a will which was admitted to probate in July 2004. The decedent was survived by his four children. A New York Probate Lawyer said the will makes pre-residuary cash bequests of $45,000.00 to each child. The will further provides that the decedent’s…

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Attorneys Fees Determined in Lengthy Probate Proceeding

A New York Probate Lawyer said iIn related probate and miscellaneous proceedings regarding the estate of the decedent, before the court is a proposed stipulation of settlement resolving the issues in both proceedings. Because the interests of the decedent’s infant son may be affected by the settlement, the approval of…

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Petitioner Challenges Validity of Tax Assessment

In this estate case, New York Probate Lawyer said that a hybrid proceeding pursuant to CPLR article 78, inter alia, to review real property tax assessments for tax year 2008 and action for a judgment declaring that certain undeveloped parcels of real property owned by the petitioner/plaintiff were unlawfully assessed…

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Probate Court Analyzes Landlord Tenant Relationship

A New York Probate Lawyer said this is an appeal from an order of the County Court of Delaware County entered June 23, 2006, which, among other things, dismissed petitioner’s application, in a proceeding pursuant to RPAPL article 7, to recover possession of certain real estate property. In August 2005,…

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Plaintiff Petitions for a Rent-Stabilized Lease and Lease Renewal in Perpetuity

This is an action for breach of an illegal oral contract to issue plaintiff a rent-stabilized lease and lease renewals, in perpetuity. The complaint filed in April 2004 asserts a right to a renewal lease under a tenancy created by a purported 1992 verbal agreement with defendant landlord’s principal. A…

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Court Hears Action for Ejectment

Two cases were brought before the court for resolution. In the first case: On 24 July 2006, the Supreme Court of New York County rendered judgment granting the defendant’s motion for summary judgment only to the extent of precluding plaintiff from asserting any claims for legal fees incurred in the…

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Court Determines How Residuary Bequest Shall Be Made

Two probate proceedings were brought before the court for resolution. A New York Probate Lawyer said in the first case, the Court was required to determine the manner in which payment of the residuary bequest shall be made. As provided for under the will’s eleventh article, the residuary estate was…

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Court Interprets Labor Law Sect. 240(1)

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Whelan, J.), entered September 2, 2009, which, upon a jury verdict, and upon the granting of the motion of the defendant Swiss Ranch Estates, Ltd., in effect, pursuant to…

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Court Rules on Complex Estate Litigation Matter

The plaintiff, an undocumented alien from Ecuador, immigrated to the United States in 2000, and was hired as a construction worker by the third-party defendant, City Wide Building Corp. Plaintiff was working on a construction project in which town houses were being built by the defendant Wildflower Estate Developers, Inc.,…

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