Bronx Personal Injury & Real Estate Blog

Monday, September 26, 2016

Federal Courts Continue to Sift Through Residential Home Loan Lawsuits

The residential home loan fallout may be nearly a decade in the rearview mirror, however the legal and financial impact of the economic meltdown remain at the forefront of federal dockets across the United States. In a recent article published by the Economist, the author described the current residential mortgage situation as “a menace to the world’s biggest economy” as well as “ vast, nationalized, unprofitable and undercapitalized.”

In other words, the mortgage debt crisis is not quite American history just yet – especially considering the lingering litigation concerning several home loan-related issues. One such issue, involving the use of Marketing Services Agreements, has been on the radar of the Consumer Fraud Protection Bureau for years – with many cases still left unresolved. These agreements, known as MSA’s, permit lenders to offer incentives (i.

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Monday, September 26, 2016

NYC Plans on Getting Sued For $710 Million This Year

NYC Plans on Getting Sued For $710 Million This Year

Did you know that over the past year, New York City paid out $585.9 million to people or property owners who suffered an injury that the City caused? These injuries were caused by everything from “slip, trip and fall” incidents, to medical malpractice, to bad interactions with the police or fire departments, to tree limbs falling on people, buildings, and cars (Seriously, 207 tree-limb related claims were filed last year!).

It turns out that the borough whose citizens got the most payouts is my home area, the Bronx. New data from the City Comptroller shows that citizens in the Bronx filed 7,442 lawsuits against the City and got $176 million in return last year.

On a per capita basis, there were 417

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Sunday, August 28, 2016

Make Sure You Get The Full Story If You Are in An Accident With a Semi Truck

 Over Memorial Day weekend, there was a horrendous semi-truck crash on the Cross Bronx Expressway just a couple of miles from my office. A semi crashed into a couple of cars, ran through a guardrail, and ended up dangling over the side of an overpass. Fortunately, nobody died, but several people involved in the crash were seriously injured. 

Speaking with ABC 7, the driver in this crash emphasized his years of experience and the fact that he was sober and alert. He also said the crash was caused by a black car that hit is front wheel, causing him to lose control of the semi.

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Tuesday, August 9, 2016

Real Estate Law: Understanding the 'Right of First Refusal' Clause (and its exceptions)

A ‘Right of First Refusal’ (ROFR) is a somewhat common real estate contract provision that places certain duties on a property owner with regard to selling or transferring ownership rights. Most often, a ROFR clause is included in an agreement between individuals in a joint venture, as it insulates the group from one member selling his or her interest to any third-party who happens to make an offer. More specifically, if a joint owner is looking to sell his or her property interest, that individual must offer the interest to the remaining owners first, before offering the interest for sale in the marketplace.

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Tuesday, August 9, 2016

A Look at Real Estate Contracts

What should I look for in a real estate purchase contract?

For many New Yorkers, buying a home can be a dream come true, but one that can become a nightmare without a well thought-out purchase contract. While many real estate agents, whose interest is to close the deal, will provide standard form agreements, you should never sign a contract before speaking to an experienced real estate attorney.

What to Look for in a Real Estate Contract

The first consideration in buying a home is said to be location, location, location, however, you should also be concerned with the condition of the home. Before you even sign a contract, it is vitally important to have the home inspected. You need to know that the structure is sound, and that the heating, electrical, plumbing and other systems are working properly.

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Sunday, July 31, 2016

Your Real Estate Closing Supply List, No Crayons or Markers Required

This summer has gone by so quickly that it is almost back to school time. The stores already have the shelves chock full of crayons, notebooks, and binders so that parents can pick up everything on their child’s school supply list.

Wouldn’t it be great if there were more things in life like back to school shopping? Someone else makes out a list and you go to one place and get everything you need so that you are perfectly prepared for the tasks ahead.

Well, my friends, today is your lucky day! Below you will find a handy-dandy list of all the stuff you need to gather together and bring to your residential real estate closing so that you are ready for the task at hand. Unfortunately, you probably won’t be able to get everything in the same place, but hey, it’s a start!

Stuff You Don’t Need to Worry About

If you

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Thursday, July 21, 2016

Homeowner's Liability for Slip, Trip and Fall Accidents

What can I do if I am injured on my neighbor's property?

Getting along with your neighbors is a good idea, but sometimes things can wrong. For instance, you can be visiting a neighbor just to say hello, and while you were there, slip and fall and suffer a serious injury. What will you do?  If your neighbor was negligent in keeping the property safe, you may be able to bring a lawsuit based on premise liability.

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Tuesday, June 28, 2016

Injury Lawsuit Against 'LA Fitness' to Proceed, Plaintiff Claims Defective Basketball Floor

The gym is a place meant to enhance one’s health, wellness and vitality – not cause crippling injuries and long-term damage. Unfortunately for one Levitttown-area resident, however, his experience at the local L.A. Fitness center was anything but revitalizing, and his recent lawsuit has alleged serious injuries possibly caused by a defective basketball court floor.

According to the complaint, the plaintiff was engaged in a competitive basketball game in January, 2014 when he suddenly injured his knee after falling onto the court floor.

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Saturday, June 25, 2016

Is the Bronx the Next Brooklyn?

How many times have you heard a real estate agent say that you better buy now because such and such area is going to be the next Brooklyn? It happens so frequently that it has become cliché. I always used to laugh when I heard agents spouting such nonsense about my home borough, the Bronx, but a recent article from the New York Times has me taking this sales puffery a bit more seriously.

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Thursday, June 16, 2016

Lavern's Law Stalled in NY State Senate

When does the statute of limitations start in medical malpractice claim in New York?

A consortium of advocacy groups is pressing NY Gov. Andrew Cuomo and legislative leaders to take action on Lavern's Law, legislation that would alter the landscape of medical malpractice law in New York. The bill, which was approved by the Assembly last year, would revise the statute of limitations.

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Tuesday, May 31, 2016

Bronx Woman Sues Obstetrician for Medical Malpractice and Wins Large Verdict

What type of childbirth related injuries are compensable in a medical malpractice action?

Giving birth to a child is supposed to be one of the happiest moments of a woman’s life. Although most women are inclined to worry, they are urged to place their trust in the medical team they have chosen. Most of the time things run smoothly. But, sometimes women are injured due to medical malpractice that arises during a childbirth related medical procedure. That is exactly what happened to one New York woman in 2009.

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