Clintondale Foreclosure Lawyer, New York
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Mishael Minnie Pine
Landlord-Tenant, Foreclosure, Divorce & Family Law, Bankruptcy & Debt
Status: In Good Standing *Status is reviewed annually. For latest information visit here Licensed: 19 Years
3204 Route 9W, New Windsor, NY 12553
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LEGAL TERMS
SETBACK
The distance between a property boundary and a building. A minimum setback is usually required by law.
SERVIENT TENEMENT
Property that is subject to use by another for a specific purpose. For example, a beachfront house that has a public walkway to the beach on its premises would ... (more...)
Property that is subject to use by another for a specific purpose. For example, a beachfront house that has a public walkway to the beach on its premises would be a servient tenement.
MULTIPLE LISTING SERVICE (MLS)
A computer-based service that provides real estate professionals with detailed listings of most homes currently on the market. Much of the information can now b... (more...)
A computer-based service that provides real estate professionals with detailed listings of most homes currently on the market. Much of the information can now be obtained by the public through websites like www.realtor.com.
ELEMENTS (OF A CASE)
The component parts of a legal claim or cause of action. To win a lawsuit, a plaintiff must prove every element of a legal claim. For example, here are the elem... (more...)
The component parts of a legal claim or cause of action. To win a lawsuit, a plaintiff must prove every element of a legal claim. For example, here are the elements of a breach of contract claim: There was a valid contract. The plaintiff performed as specified by the contract. The defendant failed to perform as specified by the contract. The plaintiff suffered an economic loss as a result of the defendant's breach of contract.
TORTIOUS INTERFERENCE
The causing of harm by disrupting something that belongs to someone else -- for example, interfering with a contractual relationship so that one party fails to ... (more...)
The causing of harm by disrupting something that belongs to someone else -- for example, interfering with a contractual relationship so that one party fails to deliver goods on time.
EVIDENCE
The many types of information presented to a judge or jury designed to convince them of the truth or falsity of key facts. Evidence typically includes testimony... (more...)
The many types of information presented to a judge or jury designed to convince them of the truth or falsity of key facts. Evidence typically includes testimony of witnesses, documents, photographs, items of damaged property, government records, videos and laboratory reports. Rules that are as strict as they are quirky and technical govern what types of evidence can be properly admitted as part of a trial. For example, the hearsay rule purports to prevent secondhand testimony of the 'he said, she said' variety, but the existence of dozens of exceptions often means that hairsplitting lawyers can find a way to introduce such testimony into evidence. See also admissible evidence, inadmissible evidence.
VARIANCE
An exception to a zoning ordinance, usually granted by a local government. For example, if you own an oddly shaped lot that could not accommodate a home in acco... (more...)
An exception to a zoning ordinance, usually granted by a local government. For example, if you own an oddly shaped lot that could not accommodate a home in accordance with your city's setback requirement, you could apply at the appropriate office for a variance allowing you to build closer to a boundary line.
ADVERSE POSSESSION
A means by which one can legally take another's property without paying for it. The requirements for adversely possessing property vary between states, but usua... (more...)
A means by which one can legally take another's property without paying for it. The requirements for adversely possessing property vary between states, but usually include continuous and open use for a period of five or more years and paying taxes on the property in question.
NONCOMPETITION AGREEMENT
An agreement, generally included in an employment contract or a contract for the sale of a business, where one party agrees not to compete with the other party ... (more...)
An agreement, generally included in an employment contract or a contract for the sale of a business, where one party agrees not to compete with the other party for a specific period of time and within a particular area. Salespeople, for example, often sign noncompetition agreements that prevent them from using the contacts gained by one employer to benefit another employer. Or a salesperson may sign what is known as a 'noncompete,' agreeing not to sell within a particular area, or even work in the same type of business. In some states, such as California, courts view noncompetition agreements with disfavor and will not enforce them unless the restrictions are very narrow. In other states, courts routinely uphold them.
SAMPLE LEGAL CASES
US BANK, NA v. Collymore
... December 2007. On January 15, 2008 the Bank commenced this foreclosure action
alleging that it was the holder of the note and mortgage, and that the defendant had
defaulted upon his payment obligations as of August 1, 2007. In ...
Wells Fargo Bank v. Marchione
... OPINION OF THE COURT. LEVENTHAL, J. The issue presented on this appeal is
whether an assignee of a note and mortgage has standing to commence a foreclosure
action prior to the date of the execution of the assignment. ...
HSBC BANK, USA v. Dammond
... Chambers, JJ. DECISION & ORDER. ORDERED that the order is reversed, on the
law, with costs, and those branches of the motion which were to vacate the judgment
of foreclosure and dismiss the complaint are denied. This ...
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