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January 16, 2024 | New York Law Journal

Borrower's Common Defenses in Mortgage Foreclosures Negated

Howard Kingsley, who represented Broom Lender in "Broome Lender LLC v. Empire Broome LLC," discusses the case and how the Appellate Division, First Department removed common obstacles and cleared the path for assignees of mortgage loans to foreclose easily and quickly. Kingsley offers that the case is a "major win for lenders and their assignees because there had not been a prior decision by a New York state court where it found that, although standing was not established through an allonge, standing was established on summary judgment by the assignment of the note."

8 minute read

January 16, 2024 | New York Law Journal

Res Ipsa Loquitur and Medical Malpractice Defense

When an unexplained injury occurs in an area remote from the operative field while a patient is anesthetized, the doctrine of res ipsa loquitur may support an inference and will be considered in whether a prima facie case has been established.

8 minute read

January 15, 2024 | New York Law Journal

Judicial Ethics Opinion 23-49

A judge may wear judicial robes when giving the keynote address at a public high school graduation.

3 minute read

January 15, 2024 | New York Law Journal

Federal Sentencing Amendment 821: Thousands of Prisoners May Be Affected

This article focuses on an amendment to the sentencing guidelines which will allow defendants awaiting sentencing, and even those already serving sentences, to significantly reduce their prison time.

7 minute read

January 14, 2024 | New York Law Journal

Judicial Ethics Opinion 23-48

(1) A judge who formerly served as the town attorney is not disqualified from presiding in matters handled by a lawyer who previously served on the town board during the judge's tenure as town attorney, even if the lawyer plans to, or does, call the judge as a witness and/or seek the judge's emails and records concerning events that took place during that period. Rather, the judge may preside as long as the judge concludes they can be fair and impartial. (2) Where the lawyer also claims the existence of "extreme animosity" between them and the judge, recusal is not warranted where the judge has conducted the relevant interpersonal analysis and has determined that the judge can be fair and impartial.

6 minute read

Law Journal Press | Digital Book New Jersey Medical Malpractice Law 2024 Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown View this Book

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