tag:blogger.com,1999:blog-40333685599108184042024-02-19T01:36:59.234-05:00LawCURRENTS™<a href="http://www.courtstreetlaw.com/publications/blogs/lawcurrents-blog/">Click here for our current and up-to-date blog</a>
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The blog here is a legacy publication from the law firm of Richard A. Klass, Esq.</p>Richard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.comBlogger121125tag:blogger.com,1999:blog-4033368559910818404.post-79996538733613313192017-08-08T14:07:00.001-04:002017-08-08T14:13:59.929-04:00Valid cause of action
CASES, DECISIONS, REPORTS
The First Department,
in Caso v. Miranda Sambursky Sloane Sklarin Ver Veniotis LLP, held that the
complaint for legal malpractice brought by a former client against his lawyers
in a personal injury action stated a valid cause of action and should not have been
dismissed upon the law firm’s motion to dismiss the action.
Caso v Miranda
Sambursky Sloane Sklarin Ver Richard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.comtag:blogger.com,1999:blog-4033368559910818404.post-62725515573999627362015-07-17T14:00:00.000-04:002015-07-17T14:00:04.760-04:00The Rent Is Too Damn High
The tenant lived in an apartment building in Brooklyn for several years. She dutifully paid her rent to her landlord. After several years, she discovered that the rental amount she was paying exceeded the legally-allowed amount for her rent-stabilized apartment according to New York State law.
DHCR Rent Overcharge
After the tenant realized that she was paying higher-than-permitted rent, she Richard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.comtag:blogger.com,1999:blog-4033368559910818404.post-84343860356657336412015-07-10T14:09:00.001-04:002015-07-10T14:09:55.504-04:00Appointment to Grievance Committee: Richard Klass
Richard A. Klass, has been appointed to serve a 4-year term on the Grievance Committee for the Appellate Division Second Department for the Second, Eleventh and Thirteenth Judicial Districts.Members of the Grievance Committee serve to maintain the honesty, integrity and professional competence of the legal profession and protect the general public by enforcing the Rules of Professional ConductRichard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.comtag:blogger.com,1999:blog-4033368559910818404.post-55107930286928762942015-06-09T15:58:00.000-04:002015-06-09T15:58:00.065-04:00Ninth Incarnation of Trade Brooklyn Largest EverThis past April, the Law Firm of Richard A. Klass was pleased to participate in Trade Brooklyn. This year's show, with the theme "Year of the Entrepreneur," was focused on the interests of small business owners. Over 150 New York City businesses were present. Jonathan Levin of Cardinal Trade Group helped produce the show which included over 18 seminars on topics such as search engine optimizationRichard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.comtag:blogger.com,1999:blog-4033368559910818404.post-81512484479650362712015-05-20T07:48:00.001-04:002015-05-20T08:12:20.053-04:00Enforcing Judgments Against Bank Accounts Held Outside N.Y.By Richard A. Klass and Elisa S. Rosenthal
[This article first appeared in the November 20, 2014 edition of the New York Law Journal.]
New York Civil Practice Law and Rules Article 52 dictates the procedures that a judgment creditor must follow to exercise its rights to enforce a judgment entered in New York.
When both the judgment debtor and its assets are located within New York State, theRichard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.comtag:blogger.com,1999:blog-4033368559910818404.post-38486905292065160912015-04-29T10:55:00.000-04:002015-04-29T10:55:18.723-04:00A Man’s House is (Not Always) His Castle
A New York City college bought an old garage on a residential street with the intention of eventually tearing it down and using the vacant lot in the development of a 17-story building. The owner of the adjacent apartment building was more than glad to have the college demolish the garage, which had become an eyesore. In order to demolish the garage, however, the college needed to enter the Richard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.comtag:blogger.com,1999:blog-4033368559910818404.post-58759004041092124412015-04-13T15:27:00.000-04:002015-04-13T15:27:00.142-04:00Tender of PaymentA seldom-used tactic in litigation is the "tender" of payment by a defendant of an amount which is believed to be due to the plaintiff. If the proper amount is tendered, and the plaintiff does not accept that amount, then the defendant will not be found liable for interest and court costs.
This legal tactic was successfully used by the author in a case involving the building of a large boys' Richard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.comtag:blogger.com,1999:blog-4033368559910818404.post-41884451293251058182015-04-03T17:42:00.000-04:002015-04-03T17:42:00.424-04:00Debt Collection Tips: Motions to Dismiss Affirmative Defenses or CounterclaimsAfter a suit is filed against a debtor to collect upon a debt, the defendant will file an Answer which may include "affirmative defenses" or "counterclaims." These allegations must be handled with vigilance from the onset to attempt successful recovery in the litigation.
An "affirmative defense" is a defense to a law suit which must be proved by the defendant. Examples of affirmativeRichard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.comtag:blogger.com,1999:blog-4033368559910818404.post-44995469982740112502015-03-30T21:52:00.000-04:002015-03-30T21:53:32.075-04:00New York foreclosure cases nearing 6 year statute of limitations As reported today in the New York Times, there are increasing numbers of foreclosure cases in New York State where lenders may be unable to seize homes. Why? Because the State's statute of limitations on foreclosure cases may be exceeded.
If you have a foreclosure case that has been dragging on for nearly six years, there may be relief on the horizon.
Does this sound similar to yourRichard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.comtag:blogger.com,1999:blog-4033368559910818404.post-29776319490944466732015-03-23T20:43:00.000-04:002015-03-23T20:43:00.278-04:00Essential Components of a Last Will and TestamentA Last Will and Testament sets forth the wishes and directions of the "Testator" upon his/her death. It is important that, in considering the various issues of one's Will, the following items be incorporated:
1. Executor
The first consideration of the person making the Will is who will be selected to carry out his/her wishes upon death. The person selected should be a responsible, trusted Richard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.comtag:blogger.com,1999:blog-4033368559910818404.post-15302717715111837402015-03-13T18:03:00.000-04:002015-03-13T18:03:00.035-04:00A Man’s Home is his Castle (and Notice of Pendency, an overview)One of the most important ownership rights in this country is the ownership of one’s house. The old phrase “A Man’s Home is his Castle,” was born from the basic concept that ownership of real estate is the hallmark of freedom.
Contrast the above concept with the other, important concept: we all live in this world together. In living together, we necessarily engage in conduct that requires us to Richard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.comtag:blogger.com,1999:blog-4033368559910818404.post-9790913125527571782015-03-03T17:41:00.000-05:002015-03-03T17:41:00.656-05:00Debt Collection Tips: Restraining an AccountOnce the creditor has obtained a Judgment from a court, one of the options for obtaining payment of the Judgment is to restrain funds of the debtor contained in an account.
The process is to serve a "restraining notice" upon the subject bank, as permitted by statute. In turn, the bank then holds the funds contained in accounts belonging to the judgment debtor pending further action on the Richard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.comtag:blogger.com,1999:blog-4033368559910818404.post-38047942891286964452015-02-23T18:29:00.000-05:002015-02-23T18:29:00.190-05:00Statute of Limitations for Legal Malpractice Action
CPLR 214(6) provides that “an action to recover damages for malpractice, other than medical, dental or podiatric malpractice, regardless of whether the underlying theory is based in contract or tort” must be commenced within 3 years.
The cause of action for malpractice accrues at the time of the act, error or omission. See, Julian v. Carrol, 270 AD2d 457 [2d Dept. 2000]; Goicoechea Richard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.comtag:blogger.com,1999:blog-4033368559910818404.post-12714852042476825582015-02-13T20:50:00.000-05:002015-02-13T20:50:00.065-05:00What the Seller of a Cooperative Apartment Should KnowThe owner of an apartment (also referred to as a "unit") in a cooperative apartment building ("co-op") must be aware of several matters relating to the sale of the unit.
1. Transferability
Most unit owners are permitted to sell their unit to anyone they choose. However, the owner should be aware of any special rules relating to the sale of the unit to others such as restrictions on shares or Richard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.comtag:blogger.com,1999:blog-4033368559910818404.post-32780818076123849592015-02-03T16:28:00.000-05:002015-02-03T16:28:00.685-05:00Debt Collection Tips: Docketing the JudgmentOnce the creditor has obtained a Judgment from a court, the collection process has now begun. In the context of collecting the money due on the Judgment, it may be necessary to "docket" the Judgment in the County Clerk's Office.
In each county of the State, there is a court of general jurisdiction called the "Supreme Court." In some counties, towns, cities, and villages, there are Richard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.comtag:blogger.com,1999:blog-4033368559910818404.post-82828876304179480022015-01-23T15:28:00.000-05:002015-01-23T15:28:00.289-05:00The benefits of filing a Chapter 13 bankruptcyIn precarious times, when local economies are faltering, many people attempt to retain their homes despite mounting debts.
The Bankruptcy Code, under Chapter 13, provides an individual wage-earner with a mechanism of proposing a "plan" or reorganization, in which the "debtor" may retain the asset and make payments to creditors. The most common reason for a debtor to file a petition under Richard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.comtag:blogger.com,1999:blog-4033368559910818404.post-84397232908169062862015-01-13T08:00:00.000-05:002015-01-13T08:00:07.582-05:00A Day Late and a Dollar Short
A comprehensive medical practice was opening up in an office building and needed extensive renovations in the space. The medical practice hired a construction company to handle the build-out of the office at a cost of over $250,000. The construction contract specified that the contractor would achieve “substantial completion” of the project within 3 months after work began in April 2012. Richard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.comtag:blogger.com,1999:blog-4033368559910818404.post-56203932815919530022015-01-03T18:42:00.000-05:002015-01-03T18:42:00.045-05:00Difference of Opinion regarding Mandatory Attorney Fee Dispute ArbitrationThe Fee Dispute Resolution Program (22 NYCRR §137) was created to mandate arbitration of fee disputes between attorneys and their former clients in civil matters. It has been subject to differing opinions among different departments leading to divergent opinions on the issue of whether or not an arbitration is necessary when the former client fails to object the validity of the underlying fee.
Richard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.comtag:blogger.com,1999:blog-4033368559910818404.post-34986652339119219122014-12-29T17:44:00.000-05:002014-12-29T17:44:00.448-05:00Cause of Action for Interference with ContractA cause of action is properly alleged against defendants for their interference with contract when the following elements are set forth:
The Second Department held, in Miller v. Theodore-Tassy, 92 AD3d 650 [2012], that:
To prevail on a cause of action alleging tortious interference with contract, a plaintiff must establish "the existence of a valid contract between the plaintiff and a third Richard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.comtag:blogger.com,1999:blog-4033368559910818404.post-39503876520844042462014-12-19T18:32:00.000-05:002014-12-19T18:32:00.675-05:00Statute Of Limitations For Actions Against Public Authority
A
person has one year from the date a claim accrues to commence an
action against a public authority such as LIRR (Public Authorities
Law §1276(2). The complaint must contain an allegation that at least
30 days have elapsed since the authority was presented with a demand
or claim and that the authority has neglected or refused to adjust or
pay the claim. This “stay” of 30 days is not counted as Richard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.comtag:blogger.com,1999:blog-4033368559910818404.post-36144220957299297292014-12-12T18:10:00.000-05:002014-12-12T18:10:00.844-05:00An attorney maintains a common law and statutory charging lien in the judgmentUnder common law, an attorney was originally only entitled to a lien upon the judgment but the scope of the charging lien was extended by statute [Judiciary Law §475] to give the attorney a lien upon the client's cause of action as well. The lien comes into existence, without notice or filing, upon commencement of the action or proceeding. See, Matter of Heinsheimer, 241 NY 361 [1915]. In Matter Richard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.comtag:blogger.com,1999:blog-4033368559910818404.post-4738898213332752632014-12-05T17:18:00.000-05:002014-12-05T17:18:00.074-05:00The Result when a Foreclosing Mortgagee Fails to Comply with RPAPL §1304In Real Property Actions and Proceedings Law [RPAPL] §1304, a pre-commencement notice to a borrower-homeowner is required to be served by registered or certified mail and also by first-class mail at least ninety days prior to commencement of the foreclosure action. Further, pursuant to RPAPL §1304, the pre-commencement notice must be sent by the lender or mortgage loan servicer. In the RPAPL §Richard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.comtag:blogger.com,1999:blog-4033368559910818404.post-27250413893731628302014-11-28T17:32:00.000-05:002014-11-28T17:32:00.147-05:00Defendants in Mortgage Foreclosure Cases May Recover Their Attorney’s Fees and Expenses under Real Property Law §282A defendant/mortgagor who prevails in the successful defense of a mortgage foreclosure proceeding may be entitled to recover his reasonable attorney’s fees and expenses under Real Property Law §282, which provides as follows:
§ 282. Mortgagor's right to recover attorneys' fees in actions or proceedings arising out of foreclosures of residential property
1. Whenever a covenant contained inRichard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.comtag:blogger.com,1999:blog-4033368559910818404.post-16173323422303461622014-11-21T18:01:00.000-05:002014-11-21T18:01:59.537-05:00New York State Court of Appeals adopts "likely to succeed" standard in legal malpractice casesThe New York State Court of Appeals decided an issue of first impression in New York State concerning an issue that arises in legal malpractice cases. In Grace v. Law, [October 21, 2014], the Court had to decide whether a client's failure to pursue an appeal in the original, underlying lawsuit (which failed) bars him from pursuing a legal malpractice case against the attorney who lost the case.
Richard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.comtag:blogger.com,1999:blog-4033368559910818404.post-70938366084176174382014-11-13T18:00:00.000-05:002014-11-13T18:00:07.181-05:00Commercial tenants/Sublessors are responsible entities under the Labor LawPursuant
to binding Court of Appeals precedents, as well as Appellate
Division, First and Second Department precedents, commercial
tenants/sublessors are responsible entities for purposes of Labor Law
Section 240(1).
See Glielmi v. Toys "R" Us,
Inc., 62 N.Y.2d 664, 666, 476 N.Y.S.2d 283, 284, 464 N.E.2d 981,
982 (1984) (“The jury was charged that the owner trustees and the
tenant were to beRichard A. Klass, Esq.http://www.blogger.com/profile/10262175654479342368noreply@blogger.com