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Monthly Archives: December 2014

Brooklyn Supreme Court Ends Year with A Victory For Homeowners:


Foreclosing Plaintiff is Deprived of Interest and Fees for Failing to Negotiate in Good Faith By: Marc A. Rapaport December 29, 2014 Although the foreclosure crisis may no longer be the subject of daily newspaper headlines, the legal safeguards that the New York legislature implemented at the height of the recession continue to make a difference in the lives of struggling New York homeowners. In an end-of-year gift to... Read more »

Party Who Accepts Benefits of Marital Settlement Agreement Waives Right to Challenge its Validity: Second Department Weighs In


In its December 10, 2014 decision in Sabowitz v. Sabowitz, the Appellate Division, Second Department, affirmed the granting of summary judgment dismissing the husband’s challenge to the validity of the parties’ stipulation in which they settled their divorce action. That award had been made below by Supreme Court, Kings County Justice Eric I. Prus. Read more »

Second Department Appellate Division: If you Need to Take an Appeal, Submit an Adequate Appellate Record or You Will Lose


Matrimonial trials are devastatingly expensive.  Appeals, when necessary, add even more insult to that financial injury.  Yet, if things do not go your way at trial, you may have no choice other than to seek appellate review. At that juncture, there is (for obvious reasons) a desire on the part of many litigants to proceed as cost-effectively as possible.  Having already spent tens of thousands of dollars (and, in many instances, hundreds... Read more »

CSSA Child Support “Income Cap” Increased as of January 31, 2014


Child Support
As of January 31, 2014, the combined parental income used for purposes of calculating the presumptive amount of child support amount under New York’s Child Support Standards Act (CSSA) increased from $136,000 to $141,000. This increase was automatically triggered by a provision of New York’s Social Services Law, which requires an increase in the “income cap” when there is a change in the Consumer Price Index. The... Read more »