A Probate Lawyer said the plaintiffs, TM Inc. and Mr. D commenced this action against the defendants, Mr. and Mr. X alleging that the defendants failed to pay a real estate brokerage commission. The file reveals that after commencing this action, the plaintiffs filed with the Richmond County Clerk a…
New York Probate and Estate Administration Lawyer Blog
Plaintiff Moves to Vacate Prior Court Order Regarding Settlement of Proceeds
A Probate Lawyer said this matter arises out of a fatal, three-vehicle accident which occurred on September 25, 2006 on Interstate 87 in Ulster County, New York. At the time of the accident, the decedent was a front seat passenger in a vehicle being operated by defendant AS which, at…
Court Decides if Plaintiff has Standing to Bring Case
An Probate Lawyer said that the records reflect that a mortgagor executed a note and mortgage in favor of a company. in the principal amount of $167,475.00, secured by the premises located in New York. As alleged in the affidavit, the Vice President of Loan Documentation of the mortgagee’s Bank,…
Court Determines if Charging Lien Exists if Favor of Former Lawyer
A Probate Lawyer said that from the records, the genesis of this litigation arose when a lawyer was representing a corporation in regard to its purchase of the premises pursuant to a written contract. The contract was dated and was an “all cash deal.” The court notes that unlike contracts…
Court Questions if Venue is Proper in Case
In this action for medical malpractice, the claimants are represented by the executor of their estate. A Probate Lawyer said the records show that one of the accused has moved the medical malpractice action to change venue pursuant to CPLR section 510(1), claiming that claimants improperly placed venue based on…
Court Determines if Courts Prior Jury Verdict was Proper
A Probate Lawyer said that the four motions made by all of the parties to set aside the jury verdict of March 22, 2008 and to enter judgments as a matter of law pursuant to CPLR §4404(a) are denied in part and granted in part. This case arose from a…
Court Determines if Prior Contract Existed
A Probate Lawyer said the plaintiff-Claimant, Mr. W, commenced this day small claims action against defendant, RAL, alleging that owing to the defendant improperly listing the premises claimant purchased as having city sewers when it did not, claimant was forced to incur the cost of installing a sewer line after…
Plaintiff Seeks to Increase Damage Amount
Probate Lawyers said the defendants appeal from an order of the Supreme Court, Richmond County, which granted the plaintiff’s motion to remove the case from the Civil Court of the City of New York to the Supreme Court, Richmond County, to amend the complaint to set forth a cause of…
Court Decides Case Involving Probate and Bankruptcy Proceedings
A Probate Lawyer said in this Estate action, the defendant moves to dismiss the plaintiff’s complaint or in the alternative an order staying the action as against him. The co-defendant cross-moves to dismiss the plaintiff’s complaint or in the alternative an order staying the action against her. The co-defendants cross-…
Court Considers Case Reqarding Law of Perpetuities
A Probate Lawyer said the question presented on this record is whether the trusts created by the will of CMR, dated June 27, 1867, are valid within the law of perpetuities, or are void for remoteness. There can be no doubt that if the testatrix, at her death, was the…