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When a landlord rents an apartment, the conditions in the apartment have to meet a legal standard, which is called the warranty of habitability. Any conditions which do not meet this standard are violations of the warranty of habitability. These can include broken plaster, peeling paint, no or inadequate heat, and many others. If there are bad conditions in an…Read More
A few things can happen if you don’t show up for your Family Court case. If you’re the petitioner, your case will probably be dismissed, if you have not notified the court and told them why you are not there. If your case is dismissed, you can usually file it again. If you are lucky, the court may adjourn the…Read More
In New York, there are two main types of proceedings that a landlord can bring against a tenant in Housing Court. The first is a nonpayment proceeding, and the second is a holdover proceeding. In a nonpayment proceeding, the landlord is suing the tenant for back rent. After making a legally sufficient demand for the back rent, the landlord serves…Read More
The grounds for divorce are different in each state. All states have some kind of no-fault divorce; many states also have fault-based divorce. In New York, you need grounds to get a divorce. The following grounds can be used to obtain a divorce in New York. Cruel and inhuman treatment; Abandonment; Imprisonment of the other spouse; Adultery; Separation under a…Read More
Family Court cases fall into 3 general categories: child protective, juvenile, and general family law cases. Child protective cases include neglect, abuse, and termination of parental rights (tpr). These cases are usually filed by the Administration for Children’s Services against parents or other caretakers of children. The respondents are alleged to have endangered the life, health, or safety of the…Read More
Some thoughts on the recent decision on the NYPD stop and frisk policy: My constitutional law is a little rusty, but I did retain a few things from my second year Con Law class at Columbia. In order for a cop to stop, detain, search, and/or arrest someone, they have to have “probable cause.” This means they have to have…Read More
This is a blog post I didn’t expect to write. I got a call the other day from a woman who said she had something important to discuss with me. I called her back, assuming she was a potential client. Not exactly. She told me a story about a man she met and dated for a while. He wined and…Read More
