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Articles Posted in Legislation-Regulation

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Home Improvement Protections Exist in New York, Use Them.

Do you hire a doctor or a lawyer without checking their licenses, their pedigree, and their referrals? So, why is it that when it comes to investing in their greatest asset (the home), so many people become victims of dishonest contractors who demand large advance payments for projects, and then…

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When is a “sign” not a Sign in the Village of Rhinebeck, New York?

[Dutchess County, New York]. When is a television monitor a “sign,” under Rhinebeck Zoning Enforcement Regulations. That is a battle being waged between our client and the Village of Rhinebeck, New York. Since this is a pending matter, we will permit the Poughkeepsie Journal newspaper account to speak for itself.…

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A Name isn’t Everything– And Not Always Available under the Business Corporation Law of New York.

So, you are an entrepreneur, a small business trying to distinguish yourself from the crowd. You pick a name, say, “The Chocolate Library,” and you think you are good. But, under the New York State Business Corporation Law, such a name may not be available. “Libraries” are generally known as…

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New York Legislature Proactively Trying to Level the Playing Field in Residential Foreclosures.

Attorneys in New York are keenly aware of the new representations, but do consumers know how seriously the New York State Legislature is taking the mortgage foreclosure crisis? The Office of Court Administration sets forth the Proposed Language and Provides consumers with the following warning: N.B.: During and after August…

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Attorneys Fees to Tenants in Landlord Tenant Disputes in New York.

Did you know that if a landlord includes a provision in the lease that awards fees to the landlord in a summary eviction proceeding, the tenant may also be entitled (as a matter of statutory law) to seek attorney’s fees? Real Property Law § 234 provides: Whenever a lease of…

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New York’s Seizure of Private Land for Public Good?

Last month, the New York Court of Appeals ruled that the state of New York may legally seize private land for private developers use. In the 6-1 decision, the court allowed the seizure of a 22-acre plot located in downtown Brooklyn – effectively allowing the Atlantic Yards Project to proceed…

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Restraining Notices and New York State Bank Accounts Exempt Income Protection Act (EIPA).

You owe some money on a debt, the creditor gets a judgment against you, and suddenly, your checking account is frozen by a restraining notice. That scenario is all too common, especially when we all live in a large metropolitan neighborhood, change addresses often, and sometimes don’t get copies of…

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Do Fewer Layers of Government Mean Fewer Taxes in New York?

As the fiscal crisis for government deepens, local leaders are increasingly pressed to re-tool. For years, consolidation of governmental services has been a complex labyrinth of regulation understood by few. New York State Attorney General, Andrew M. Cuomo believes that one way to improve the services and reduce the tax…

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Powers of Attorney in New York– New Forms and Protections

How much litigation is spawned by incomplete or suspicious powers of attorney issued to people in confidential or, at least, close personal relationships to the person giving the power to the agent. The opportunities for undue influence are unbelievable, and have lead to sweeping changes in the New York State…

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