news

Presumptive Mediation in Tort Cases

Beginning on January 7, 2020, the Court will provide the litigants in Richmond County with Early Litigation Tort Evaluation (“ELITE”) in all tort cases. The Justices and Judges of the Supreme Court will begin issuing ELITE Referral Orders starting on December 2, 2019. ELITE mediation sessions will be held during two sessions on Tuesdays. The morning session will start at 9:30 a.m., and the afternoon session will begin at 2:15 p.m. Both sessions will be held in Room 112, 18 Richmond Terrace, Staten Island, New York. Click here for more information.

Vincent J. Gallo: My Lender withdrew my Mortgage commitment, I get my deposit back, right? not so fast...

December 13, 2019

The Superior Court of New Jersey, Appellate Division, Docket No. A-5043-16T2 on July 5, 2018 in the matter of Duong v. Stein handed down an un-published Decision, that lends strong insight as to how the Courts view matters involving facts such as these which arise regularly. This Appeal required consideration of a Mortgage Contingency Clause in a Real Estate Contract and whether the Purchaser, who obtained a Mortgage Commitment but failed to meet all the Lender's conditions, was entitled to rescission/termination of the Contract. Because the factual record left no doubt that the Purchaser’s failure to comply with all the Lender's conditions was not an impediment to closing, the Court, on Appeal, affirmed the Motion Judge's entry of Summary Judgment in favor of the Seller. Click HERE for more.


RANDI BURGER'S Father Has Passed

Randi Burger has reached out to share the sad news that her dad, Charles Burger has passed away. She would like to share the funeral arrangements with the RCBA community.

The arrangements are as follows:

Funeral

Shiva

  • Saturday: evening hours
  • Sunday: beginning at 1 pm
  • Monday: beginning at 1 pm

Contact Charlene for The Burger Home Address

Richard Rosenzweig's Father Has Passed

It is with great sadness that we inform you of the passing of Richard Rosenzweig's father. The funeral is being held on Friday, November 15, 2019, in Florida.

The Shiva will be next Monday, Tuesday and Wednesday from approximately 10 am until approximately 9 pm at Rich's home. Contact Charlene for more details.

JOB POSTING

NYSED is seeking applications from individuals to serve the New York City region as special education impartial hearing officers (IHOs) in the administration of special education impartial due process hearings for students with disabilities, 3-21 years of age.

IHOs are certified and trained by NYSED and appointed by school districts through a rotational selection process. School districts are required to compensate IHOs for prehearing, hearing and post-hearing activities, including decision writing.

Applications will be accepted from individuals who are able to serve in an impartial capacity; are admitted to the practice of law in the State of New York and are currently in good standing; have a minimum of two years practice and/or experience in the areas of education, special education, disability rights or civil rights, and experience in conducting or participating in administrative hearings; are not now, and have not been officers, employees or agents of a New York State school district or a board of cooperative educational services of which such school district is a component for a period of at least two years; are not an employee of the New York State Education Department; and do not have a personal or professional interest which would conflict with his or her objectivity in a special education due process impartial hearing. For more information click here.

2020 RCBA Destination cle

The 2020 RCBA Destination CLE will be held at held at the Wyndham Grand Rio Mar Golf & Beach Resort in Puerto Rico from January 16 through the 20th. Click here for details.

Vincent J. Gallo: lender doesn't require a survey? Think again, brother

Real Estate Practitioners: Pay attention!

In a recent decision by the United States Court of Appeals for the Third Circuit, entitled 631 N. Broad Street, LP v. Commonwealth Land Title Ins. Co., No. 18-3094 (3d Cir. July 26, 2019) (affirming Summary Judgment) on Appeal from the United States District Court for the Eastern District of Pennsylvania (District Court No. 2-17-cv-02805), the Court of Appeals rendered an interesting Decision, albeit not precedent, it is most worthy of a close and careful read. Read the entire article HERE.

Vincent J. Gallo on: Ethics Opinion 1161

Real Estate Brokers: Heads Up!

The New York State Bar Association Ethics Opinion 1161 was handed down on January 4, 2019. In summary, it recites that when an Attorney, as opposed to a Real Estate Broker, prepares a Real Estate Contract, the Attorney may not disclose the Contract to the Real Estate Broker without the Client's informed consent, which must include the disclosure of any personal, financial, or business interest of the Attorney in responding to the Real Estate Broker's request for disclosure of the information.

Read the entire article HERE.