If the co-op only obtains possession, the lease is canceled and the city Marshal can evict. The owner of the shares remains so but cannot use the...

Why no separate tort in malpractice cases?

There is no separate tort, but if it's the party you're suing who destroyed, lost or tampered with the evidence, you may be able to get a...

Can a Condo Board sue the DOB for approving a CO where the building has material construction defects

No. Public officials and agencies have immunity from liability for the performance of their discretionary actions (including using a building permit).

I want to institute an action against a bank for not producing a properly endorsed note. How should the motion be phrased?

You can bring a motion to renew the prior motion based upon the change in the law. You really should hire an attorney skilled in foreclosure...

IF SOL (statue of Limitation) on a mortgage loan expires, is it written off by the lender? Or how SOL is calculated?

In New York, generally speaking, your statute of limitations to sue on the note is six years and runs from the acceleration notice. If you did...

I own an out of state construction company that did work in NY State. We filed a mechanic's lien & now need to sue to enforce

1) You need to file for authorization to do business as a foreign corporation with the New York Department of State. Because you have already done...

If defendant filed a motion to dismiss and I then amended the complaint, how much time does defendant have to file a new motion?

The defendant does not have to file a new motion, the defendant can either choose to have the motion apply to your amended complaint, or may...

If the deed is silent then it is owned as tenants in common.

Homeowners Insurance

You need to put the insurance company on notice immediately. Pursuant to insurance law 3420, an injured party has the right to give independent...

Illegal Apartment

Go to the NYC Department of Buildings website at: http://www.nyc.gov/html/dob/html/bis/bis.shtml In the lower left corner, enter your address....