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Archive for March, 2011

*All Posts,Appeal,Litigation

The Appellate Division has the ability to make factual findings when necessary on appeal

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March 30, 2011 at 7:08 pm

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*All Posts,Evidence,Immigration,Litigation

Just because a person may be able to express greetings or order a cup of coffee in an unfamiliar language does not necessarily mean that the person may be able to understand legal rights and obligations expressed in a less than familiar language

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March 30, 2011 at 7:07 pm

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*All Posts,Litigation,Litigation privilege,Privilege

Litigation privilege

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March 29, 2011 at 11:26 am

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*All Posts,Litigation,Motions,Reconsideration

An appellate court will not disturb the trial court’s decision to grant or deny a motion for reconsideration unless it has abused its discretion

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March 29, 2011 at 11:21 am

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*All Posts,Agreements,Counsel Fees,Property-settlement-agreement

Where an agreement provided for reimbursement for attorney’s fees if one party willfully violated its terms, the first task of the court should be to determine whether these provisions are fair and just and, thus, enforceable

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March 29, 2011 at 11:19 am

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*All Posts,Appeal,Arbitration

All orders compelling or denying arbitration are deemed final for purposes of appeal

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March 29, 2011 at 11:14 am

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*All Posts,Counsel Fees,Domestic-violence

A victim of domestic violence who succeeds in obtaining final restraints under the Act may recover reasonable attorney’s fees from the defendant

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March 28, 2011 at 10:24 am

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*All Posts,Litigation,Motions,New trial

A motion for a new trial

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March 28, 2011 at 10:20 am

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*All Posts,Domestic-violence,Harassment

Harassment is one of the predicate offenses that may support a finding of domestic violence

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March 28, 2011 at 10:18 am

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*All Posts,Evidence,Hearsay,Litigation

Use of a written statement to refresh one’s recollection

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March 28, 2011 at 10:13 am

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