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FEATURED
'Absent' Mentally Ill Tenant Loses Bid to Keep Apartment
The landmarked Windermere at 400 West 57th Street was closed in September after inspectors deemed it unsafe.
While expressing sympathy for the "plight" of Michael Tsitsires, who lived on the streets as a result of a "debilitating" mental illness and only used his apartment as a "storage space," the First Department ruled yesterday that his eviction does not violate the rent-stabilization laws. The 3-2 opinion held that Mr. Tsitsires had not "maintain[ed] the required substantial physical nexus" with his single-room apartment at 400 West 57th St.
DECISION OF THE DAY
United States, appellee v. Yassin Muhiddin Aref, defendants-appellants
U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Terror Financing Sting Convictions Upheld; Standard Set for Discovery of Classified Information
More Decisions of Interest...lawjobs.com Featured Ad
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FEATURED COLUMNISTS
Domestic Relations Law
Wednesday, July 9, 2008
Leonard G. Florescue, a partner at Blank Rome, discusses recent decisions, including one that found a provision in a separation agreement prohibiting the husband from seeking a divorce on any ground for a period of five years without the wife's permission unconscionable, and another that seems to continue the courts' shifting New York to a community property state.
Law and Children
Wednesday, July 9, 2008
Andrew Schepard, a professor of law and director of the Center for Children, Families and the Law at Hofstra University School of Law, writes that the ABA's Youth at Risk Commission invites New York's youth advocacy and youth serving communities--educators, social workers, mental health professionals and mediators as well as attorneys--to participate in programs focusing on youth aging out of foster care and on a youth's right to an effective education during the ABA's upcoming annual meeting.
More Featured Columnists...THE BACK PAGE
New Law School Programs Give Lawyers a Shot at Teaching
Friday, June 27, 2008
Rare is the lawyer who hasn't entertained the fantasy of summers off and a billable-free career, especially while slogging to the office through the heat in a suit. Ah, for the law professor's life. The fantasy, however, remains just that for most attorneys because they have practiced too long and strayed too far from anything resembling a work of rigorous scholarship to make it as a law professor. But that may be changing - a little.
More from The Back Page...SPONSOR SPOTLIGHT
TECHNOLOGY TODAY
Criminal Law
Tuesday, July 8, 2008
Ken Strutin, director of legal information services at the New York State Defenders Association, writes: Computer files are distinct entities, distinguishable from other physical evidence. They are dynamic, and their contents changeable requiring translation to be viewed and understood. Search limiting protocols are essential to curb overbroad and unfettered examination of private files in a growing range of formats. Practicality, convenience and necessity are poor guarantees of constitutional protections. New technologies demand new solutions to protect individual rights. And the limitations of computer search methods should not diminish the protections guaranteed by the Fourth Amendment.
TOP STORIES
SPONSOR SPOTLIGHT
OUTSIDE COUNSEL
'Havana Central': Tort Liability and Holdover Tenants
Wednesday, July 9, 2008
Gerald M. Levine, a partner at Levine Samuel writes that - in a case in which he represented one of the parties - the Appellate Division, First Department recently handed down a split decision upholding an incoming tenant's claim against a prior tenant for failing to vacate premises at the expiration of its lease; the case, he writes, has generated substantial comment and bewilderment in the real estate bar.
More Outside Counsel columns...Real Estate - Residential/Commercial
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REAL ESTATE TRENDS
Lien Gaps
Wednesday, July 9, 2008
Marvin N. Bagwell, president and CEO of Bagwell & Associates Title Agency LLC, writes: Title underwriters are prone to nightmares. Given the current economic state of the real estate industry, probably the most prevalent cause of jolting straight up from a formerly restful evening is "Will I have a job on Friday?" But every now and then, a more mundane issue will provoke a frantic visit to a therapist. One such issue is a court decision that provides past and future judgment creditors with a way to reinstate their liens on real property even after those liens have expired of record (and have been omitted as an exception in a title policy). Sometimes nightmares come true. That brings us to the story of Gletzer v. Harris.
More from Real Estate Trends...CORPORATE UPDATE
Free With Registration: Corporate Crime
Thursday, July 3, 2008
Audrey Strauss, a member of Fried, Frank, Harris, Shriver & Jacobson, writes that no lawyer can be effective without preparation and knowledge of the relevant facts. In the context of investigations, whether governmental or internal, there is always a tension between the investigator's preference to hold cards close to the vest and the defense lawyer's need to access the facts.
More from the Corporate Update...SPECIAL REPORTS AND MAGAZINES
Securities Litigation & Regulation
July 7, 2008
In this Special Section from the New York Law Journal: "Derivative Securities In the Credit Crisis," "When Is Insider Trading Subject To Criminal Prosecution?" and "Using Confidential Informants To Meet the PSLRA's Pleading Standards."
Free: Also, in the highlighted article from this section, Jurisdiction Over Fraud Claims Of Foreign Investors
Andrew G. Gordon, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, and Audra J. Soloway, an associate at the firm, write that the the resolution of a jurisdictional challenge to foreign plaintiffs' fraud claims requires the application of a straightforward legal test to what may be a complicated set of factual allegations unique to the pleaded fraud.
MOST VIEWED ON NYLJ
- Free: Law Firm Alleges Sex Harassment by Ex-Partner in Countersuit
July 07, 2008 - Newsbriefs
July 07, 2008 - Free With Registration: City Budget Reduces Spending For District Attorneys, Legal Aid
July 07, 2008 - Landlord Need Not Mitigate Damages In Default Action, Panel Emphasizes
July 07, 2008 - Judge Leaves Probe Decision To the Discretion of State AG
July 07, 2008
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