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New York Real Estate Lawyer Blog

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NYS STAR Exemption– Calling ALL homeowners in New York

After various district attorneys around the state found that homeowners were cheating the system, the New York State Legislature is poised to make all home owners RE-REGISTER for the STAR exemption which can result in a reduction of school taxes. According to recent reports, homeowners will have a year to…

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CHOCOLATE KISS COLORED CARPET…. BEAUTIFUL? YUMMY? or INFRINGING?

Shaw Industries Group, a leading carpet manufacturer recently sued The Hershey Company in Federal Court in Georgia for a declaratory judgment that its Chocolate Kiss colored carpet did not infringe Hershey’s CHOCOLATE KISS trademark. According to the complaint, Shaw has been using CHOCOLATE KISS as a color in connection with…

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Think Twice Before Posting an Online Review.

It seems to be getting a little more risky to post negative online reviews. A Virginia Court recently ordered that certain negative online reviews of a home improvement contractor be removed from Yelp.com, pending a trial for defamation against the reviewer. The reviewer, apparently unsatisfied with the work performed by…

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The new leader of Legal Malpractice Claims– HIre the Right Real Estate Lawyer.

The American Bar Association just released the latest survey of legal malpractice claims showing some interesting results. For the first time, real estate claims represented the greatest number of claims (20.33%), followed by plaintiffs’ personal injury (15.59%), family law (12.14%), estates, trust and probate (10.67%), and collection and bankruptcy (9.2%).…

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Do You Have the Right Amount of Insurance– Think About it when you Buy a House in New York?

It can be difficult to strike a balance in finding adequate insurance coverage, while avoiding unnecessary coverage or being underinsured. While states generally require a minimum amount of auto insurance coverage, and mortgage lenders also generally require you to maintain homeowner’s insurance for at least the value of the mortgage,…

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How Much will that Building Permit Cost? It depends …

Before you start knocking down walls and get knee deep in home improvements, make sure you have all of the required building permits. Obtaining a building permit involves completing an application with plans for the improvements, and paying a fee. Even seemingly small home improvement projects may require a building…

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What Effect Does Your Landlord’s Housing Violation Have on Your Duty to Pay Rent?

So your landlord just got slapped with a housing violation – what does that mean for you as a tenant? Can you stop paying your rent altogether? If you live in New York, not so fast. Although your duty as a tenant to pay rent is dependent on the landlord’s…

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Punitive Damages: A New Risk in Legal Malpractice in New York?

A Florida Court recently affirmed a significant award of punitive damages against a law firm in a legal malpractice case, raising the question: could this happen in New York? See Young v. Becker & Poliakoff, P.A., No. 4D09-4869 (Fla. 4th DCA May 23, 2012). In the Young case, the plaintiff…

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Want fresh eggs everyday? Get a chicken (but check the Town Code first in New York).

(Update-COVID Response-June 23, 2020-Nyack)- A few years ago, farm to table eating became a “thing,” now it is even more important because of the COVID response of homeowners to staying in place.  Everywhere you look in suburbia gardens are going in, chickens are being tended, honey bees added to back…

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