SAMPLE NEW YORK NOTICEOF INQUEST FORM (FOR EDUCATIONAL PURPOSE ONLY …NOT TO BE USED IN LITIGATION)

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SAMPLE NEW YORK NOTICEOF INQUEST  FORM (FOR EDUCATIONAL PURPOSE ONLY …NOT TO BE USED IN LITIGATION)

 

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF __________

————————————————————————–x

 

_____________________________,

 

                                                Plaintiff,                                  NOTICE OF INQUEST

 

                        -against-                                                         Index No. _______

_____________________________,

 

                                                Defendant.

 

————————————————————————-x

 

PLEASE TAKE NOTICE that an inquest will be held for the relief prayed for in the complaint in the within matter on the ______ day of ____, 20___, at 9:30 o’clock in the forenoon of that day, at a Trial Term, before the Honorable _______, Justice of the Supreme Court of the State of New York, County of ______, at the Courthouse located at ____________ New York.

 

Dated: _________, New York

___________

 

Yours, etc.,

 

                                                                        ___________________

(631) ___________

 

 

TO:      _

Defendant, pro se

_____________

               

ATTORNEY ADVERTISING: Information herein and is not intended to be, legal advice. This sample legal document is provided as part of a free public educational service by Zachary Irtaza Riyaz, Esq., attorney at law in the State of New York (Westhampton – Tel. 516-234-0348), for reference only. IT IS NOT INTENDED TO GIVE LEGAL ADVICE ABOUT A SPECIFIC LEGAL PROBLEM, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. Due to the importance of the individual facts of every case, the generalizations I make may not necessarily be applicable to any particular case. Statutes and codes such as Domestic Relations Law (DRL)are frequently amended and may affect the validity of the above legal document and no representation is made that the above sample is going to be enforceable in the future.Changes in the law could at any time make parts of this web site content obsolete. Updated statutes and codes may be available at the New York State Legislature Website. No statute or sample legal document should be relied on without understanding controlling case law which may further interpret it. THIS INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT IF LEGAL ADVICE IS REQUIRED THE SERVICES OF A COMPETENT ATTORNEY WILL BE CONSULTED.

 

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SAMPLE PARTIAL COMMERCIAL LEASE RIDER FORM (FOR EDUCATIONAL PURPOSE ONLY …NOT TO BE USED IN LITIGATION)

SAMPLE PARTIAL COMMERCIAL LEASE  FORM (FOR EDUCATIONAL PURPOSE ONLY …NOT TO BE USED IN LITIGATION)

 

RIDER ANNEXED TO AND MADE PART OF LEASE,

DATED ____________, 20____,

BETWEEN ___________, LLC, AS OWNER,

AND ___________, AS TENANT

 

__________________________________________________________________________

THE PROVISIONS OF THIS RIDER ARE INTENDED TO AMPLIFY AND EXPAND UPON THE PROVISIONS OF THE PRINTED FORM OF THIS LEASE, BUT IN THE EVENT ANY PROVISION OF THIS RIDER CONFLICTS WITH ANY PROVISION OF THE PRINTED FORM, THE PROVISIONS OF THIS RIDER SHALL SUPERSEDE AND GOVERN.  THE PRINTED FORM AND THIS RIDER SHALL COLLECTIVELY BE REFERRED TO HEREIN AS THIS “LEASE”.

 

ALL CAPITALIZED TERMS SHALL HAVE THE MEANING SET FORTH IN ARTICLE _____OF THIS RIDER UNLESS OTHERWISE DEFINED HEREIN OR IN THE PRINTED FORM.

 

ARTICLE 1

Demised Premises, Term, Commencement Date, Rent, Security

 

1.1 (a) Owner leases to Tenant that certain premises know as ___________ (the “Demised Premises”) located within the building known as ______________________ in ________County (the “Building”).

 

(b) The term of this Lease (the “Term”), shall commence on ________, 2012 (the “Commencement Date”) and shall end _____________ (as hereinafter defined) after the Commencement Date (the “Expiration Date”), unless extended or sooner terminated in accordance with provisions of this Lease.  The term “Lease Year” shall mean the period commencing on the Commencement Date and ending on the last day of the ___________ full calendar month thereafter and each succeeding ______________ full calendar month period during the Term.

 

 

 

 

(c) In consideration of the leasing of the Demised Premises, Tenant covenants to pay Owner, without previous demand therefor and without any right of setoff or deduction whatsoever, at the office of Owner at ___________________________________________, or at such other place as Owner may from time to time designate in writing, a rental for the Term payable monthly, in advance, in equal installments commencing with the Commencement Date and continuing on the first day of each month thereafter for the succeeding months during the balance of the Term, as set forth below:

 

Period

 

Monthly Base Rent

 

Annual Base Rent

 

Commencement Date Until 1st Anniversary of the Commencement Date (“1st Year”)

____________

2nd Lease Year

_____________

 

3rd Lease Year

_____________

 

 

 

 

 

 

(d) The rent provided for in this Section is sometimes referred to as the “Base Rent”.  The Base Rent for the second full calendar month of the Term shall be paid simultaneously with the execution of this Lease by Tenant.  If the Term does not commence on the first day of a calendar month, the installment of Base Rent for the partial calendar month at the commencement of the Term shall be prorated on the basis of the number of days within such calendar month.  Notwithstanding anything to the contrary contained in this Lease, Tenant shall not be required to pay Base Rent for the first full calendar month of the Term.  All amounts due and payable as Base Rent and Additional Rent shall be payable to Owner without demand (except as may be otherwise set forth in this Lease), and without offset, deduction or set-off whatsoever.

 

(e) As a material inducement for Owner to enter into this Lease, Tenant covenants and agrees that Owner shall have absolutely no obligation or liability whatsoever for the rendition of any services or repairs of any kind, nature or character whatsoever, other than as specifically set forth in this Lease, in connection with the Demised Premises, including without limitation, the equipment, sidewalks, walls, floor slab, curbs, parking areas, landscaped areas, and the approaches, driveways and entrances thereto, Building Equipment, Tenant’s Property and all other fixtures, equipment and appurtenances therein and utility systems and facilities, nor in the operation, maintenance, improvement, replacement or repair thereof, nor for the cost and expense thereof.  Each and every item of cost or expense for the maintenance, repair, improvement, replacement or operation in the Demised Premises, including without limitation, all improvements, sidewalks, curbs, parking areas, landscaped areas, approaches, driveways and entrances thereto, Building Equipment, Tenant’s Property and all other equipment, fixtures and appurtenances therein, and all utility systems and facilities, whether such repairs, replacements, maintenance or improvements are nonstructural, ordinary, extraordinary, foreseen or unforeseen, shall be borne by the Tenant, at Tenant’s sole cost and expense, and ________percent (“Tenant’s Percentage”) of all costs and expenses for each of the foregoing items with respect to the Building and the Real Property shall be borne by Tenant.  Furthermore, Tenant expressly acknowledges that, except as may be otherwise expressly provided for in this Lease, no event, occurrence or situation

during the Term shall relieve Tenant of the obligation to pay Base Rent and Additional Rent hereunder or entitle Tenant to an abatement of same, and the obligations of Tenant hereunder are separate and independent covenants and agreements and shall continue unaffected by any such event, occurrence or situation.  Notwithstanding anything to the contrary contained in this Lease, Tenant shall not be responsible to make any structural repairs or repairs to the roof unless such repairs are required due to the misconduct or negligence of Tenant or Tenant’s agents, employees or invitees.

 

1.2 In the event that any Base Rent or Additional Rent payments are not paid within ______ days of the due date for such payment, then Tenant shall, in addition to such Rent payment, and interest at the Default Rate, pay to Owner a late payment fee in the amount of __________%) percent of the delinquent Base Rent or Additional Rent payments.  Tenant agrees that such late payment fee is a fair and reasonable sum calculated to defer administrative expenses incurred by Owner as a result of such late payment.  Such late payment fee shall be deemed Additional Rent.  Nothing contained in this Section shall prohibit the Owner from exercising any of Owner’s rights or remedies based upon Tenant’s failure to pay Base Rent or Additional Rent on a timely basis. Such late payment fee shall be due and payable _____________days following the due date of the delinquent Rent payment.

 

1.3 If any of the Rent payable under the provisions of this Lease shall be or become uncollectible, reduced or required to be refunded because of any Legal Requirement, Tenant shall enter into such agreements and take such other steps as Owner may reasonably request and as may be legally permissible to permit Owner to collect the maximum rents which from time to time during the continuance of such legal rent restriction may be legally permissible (and not in excess of the amounts reserved therefor under this Lease).  Upon the termination of such legal rent restriction, (a) the Rents shall become and thereafter be payable in accordance with the amounts reserved herein for the periods following such termination, and (b) Tenant shall pay to Owner, to the maximum extent legally permissible, an amount equal to (i) the Rents which would have been paid pursuant to this Lease but for such legal rent restrictions, less (ii) the Rents and payments in lieu of rents paid by Tenant during the period such legal restriction was in effect.

 

1.4 (a) Tenant shall deposit with Owner a security deposit of ____________ (the “Security Deposit”), contemporaneously with the execution hereof, which Security Deposit shall at all times be equal to ______________ months of the then current Base Rent.

 

(b) The Security Deposit shall be held by Owner in an account maintained by Owner at a financial institution whose depositors’ accounts are insured by FDIC.  Owner shall be entitled to annually withdraw __________ percent of the Security Deposit as Owner’s administrative charge for maintaining such account.  The Security Deposit shall secure performance by Tenant of Tenant’s covenants and obligations under this Lease, it being expressly understood that such deposit shall not be considered an advance payment of Base Rent or Additional Rent or a measure of Owner’s damages in case of default by Tenant.

Upon the occurrence of any Event of Default (as hereinafter defined) by Tenant, Owner may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrearages of Base Rent, Additional Rent and any other charge or damage, injury, expense or liability to Owner by reason of such Event of Default.  Following any such application of the Security Deposit, Tenant shall pay to Owner on demand the amount so applied in order to restore the Security Deposit to its required amount.

 

(c) Provided there exists no Event of Default hereunder, or other liability or obligation of Tenant to Owner under this Lease, any remaining balance of the Security Deposit shall be returned by Owner to Tenant promptly after the expiration or earlier termination of the Term.

 

(d) If Owner transfers or assigns its interest in the Demised Premises during the Term, Owner will assign the Security Deposit to the transferee and thereafter shall have no further liability or obligation with respect to the Security Deposit.

 

ARTICLE 2

Insurance

 

2.1 (a) Without limiting Tenant’s obligations under this Lease, Tenant shall secure and keep in full force and effect for the benefit of Owner, throughout the Term, at Tenant’s sole cost and expense, the following insurance (“Tenant’s Insurance”):

________________

(i) insurance upon Tenant’s Property and all alterations in an amount equal to the full replacement value thereof, including any increase in value resulting from increased costs, with coverage against such perils and casualties as are commonly included in “all risk” insurance policies (including, earthquake and collapse, and sprinkler leakage, flood and other water damage); and

 

(ii) during the course of Tenant’s construction of any structural alterations in the Demised Premises and until completion thereof, Builder’s Risk insurance on an “all risk” basis (including collapse) on a completed value (non-reporting) form for full replacement value covering the interest of Owner and Tenant (and their respective contractors and subcontractors), and any Superior Mortgagee and Superior Lessor in all work incorporated in the Building and all materials and equipment in or about the Demised Premises; and

 

(iii) Workers’ Compensation with respect to all persons employed by Tenant at the Demised Premises with limits of liability in accordance with applicable law in the case of Worker’s Compensation (Owner shall not be added as an additional insured under this policy); and

 

(iv) Commercial General Liability Insurance written on an

occurrence basis, to afford protection in such amount as Owner may reasonably determine but in no event less than ____________ Million ($_____,000,000.00) Dollars combined single limit for bodily injury and/or death arising therefrom and Broad Form property damage arising out of any one occurrence, including: (A) a “personal injury” endorsement covering claims arising out of false arrest, false imprisonment, defamation, libel and slander, wrongful eviction, discrimination and invasion of privacy, without exclusion of coverage for claims of personal injury brought by  agents or contractors of an insured, and (B) coverage for contractual liability, owners’ protective liability, independent contractor’s liability and completed operations liability (Owner shall be added as an additional insured under this policy); and

 

(v) boiler and pressure vessel (including, but not limited to, pressure pipes, steam pipes and condensation return pipes) insurance, provided the Building contains a boiler or other pressure vessel or pressure pipes (Owner shall be added as an additional insured and loss payee under this policy); and

 

(vi) Business Interruption Insurance in an amount not less than the reasonably estimated aggregate amount of Base Rent and Additional Rent for a period of _________ months (Owner shall be added as an additional insured under this policy to the extent of Owner’s right to receive Rent and any other payment from Tenant); and

 

(vii) such other insurance in such amounts and upon such terms and conditions, as Owner, a Superior Mortgagee and/or Superior Lessor may require from time to time.

 

(b) All Tenant’s Insurance shall be written and issued by responsible insurers having a general policyholder’s rating of not less than A and financial rating of VIII, as rated in the most currently available Best’s Insurance Reports and licensed to do business in New York State and authorized to issue such policies.  All Tenant’s Insurance shall contain endorsements providing that (i) such policies may not be reduced or canceled (including for non-payment of premium) or allowed to lapse with respect to Owner, or changed or amended, except after thirty (30) days’ prior notice from the insurance company by registered mail to Owner in accordance with the provisions of this Lease, and (ii) Tenant shall be solely responsible for the payment of premiums therefor notwithstanding that Owner is or may be named as an insured.  On or prior to the Commencement Date, duly executed certificates of insurance (specifying each of the coverage’s enumerated above and including evidence of the waivers of subrogation required pursuant to Section 2.1(c)) or, if required by Owner, original policies, together with reasonably satisfactory evidence of payment of the premiums therefor, shall be delivered to Owner.  Any endorsements to any such policies shall also be so delivered upon issuance thereof and each renewal or replacement of a policy shall be so delivered at least twenty _________ days prior to the expiration of such policy.  Tenant shall not carry any separate or additional insurance concurrent in form or contributing in the event of any loss or damage with any insurance required to be maintained by Tenant under this Lease.  Further, all Tenant’s Insurance shall be written as primary policies not contributing with nor in excess of coverage that Owner may carry.

 

(c) Tenant’s Liability Insurance shall be endorsed to include the names of Owner, Tenant and such other persons, firms or entities as Owner may designate, including one or more Superior Mortgagees and/or Superior Lessors and, unless Owner otherwise requests, as their respective interests may appear, and shall contain an endorsement that each of said parties, although named as an insured, nevertheless shall be entitled to recover under said policies for any loss or damages occasioned to it, its agents, employees, contractors, directors, shareholders, partners, trustees and principals (disclosed or undisclosed) by reason of the negligence or tortuous acts of Tenant, its servants, agents, employees and contractors.  All policies of insurance required to be maintained by the Tenant pursuant to this Lease shall be endorsed to reflect that in any claim where the “Other Insurance” clause in either policy is invoked, the Tenant’s Insurance shall be considered Primary Insurance, and the Owner’s Insurance shall be considered Excess Insurance.  Tenant shall provide acceptable certificates of insurance to Owner indicating all of the required insurance and additional insured status.

 

(d) Tenant covenants that (i) Tenant shall pay all premiums due on Tenant’s Insurance, and (ii) Tenant shall not violate, or permit the violation of, any term or condition of Tenant’s Insurance, and shall maintain such polices in full force and effect throughout the Term. Owner’s procurement of insurance on behalf of Tenant pursuant to Article 8 of the printed form of this Lease and this Article shall neither relieve Tenant of liability for such default nor otherwise affect such liability, nor constitute a waiver of Owner’s rights with respect to such default.

 

ARTICLE 3

Use of Premises

 

3.1 The Demised Premises including all improvements hereafter installed shall be used for the operation by Tenant of ________________________ and for no other purpose (the “Permitted Use”).

 

 

 

ATTORNEY ADVERTISING: Information herein and is not intended to be, legal advice. This sample legal document is provided as part of a free public educational service by Zachary Irtaza Riyaz, Esq., attorney at law in the State of New York (Westhampton – Tel. 516-234-0348), for reference only. IT IS NOT INTENDED TO GIVE LEGAL ADVICE ABOUT A SPECIFIC LEGAL PROBLEM, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. Due to the importance of the individual facts of every case, the generalizations I make may not necessarily be applicable to any particular case. Statutes and codes such as Domestic Relations Law (DRL)are frequently amended and may affect the validity of the above legal document and no representation is made that the above sample is going to be enforceable in the future.Changes in the law could at any time make parts of this web site content obsolete. Updated statutes and codes may be available at the New York State Legislature Website. No statute or sample legal document should be relied on without understanding controlling case law which may further interpret it. THIS INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT IF LEGAL ADVICE IS REQUIRED THE SERVICES OF A COMPETENT ATTORNEY WILL BE CONSULTED.

DECISION & ORDER : A motion to renew is not a second chance freely given to parties who have not exercised due diligence in making their first factual presentation

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Decision of interest June 28, 2012

 Decided on June 27, 2012

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
DANIEL D. ANGIOLILLO, J.P.
RANDALL T. ENG
PLUMMER E. LOTT
LEONARD B. AUSTIN, JJ.
2011-07445
(Index No. 6786/07)

[*1]Srdjan Jovanovic, respondent,

v

Milica Jovanovic, appellant.

Michael D. Weinstein, Tarrytown, N.Y., for appellant.
Mark L. Cortegiano, Middle Village, N.Y., for respondent.

DECISION & ORDER

In an action for the equitable distribution of marital property following a foreign judgment of divorce, the defendant appeals from an order of the Supreme Court, Queens County (Esposito, J.), dated June 22, 2011, which denied her motion, in effect, for leave to reargue and renew that branch of her prior cross motion which was to compel disclosure, which had been denied in an order of the same court dated September 21, 2009 (Fitzmaurice, J.).

ORDERED that the appeal from so much of the order dated June 22, 2011, as denied that branch of the defendant’s motion which was, in effect, for leave to reargue is dismissed, as no appeal lies from an order denying reargument (see Lamacchia v Schwartz, 94 AD3d 712Grossman v New York Life Ins. Co., 90 AD3d 990); and it is further,

ORDERED that the order dated June 22, 2011, is affirmed insofar as reviewed; and it is further,

ORDERED that one bill of costs is awarded to the plaintiff.

Contrary to the defendant’s contention, the Supreme Court properly treated the instant motion as a motion for leave to reargue and renew that branch of her prior cross motion which was to compel disclosure. Although the instant motion was predicated on a different legal argument and supported by evidence not submitted on the prior cross motion, both motions essentially sought identical relief, i.e., disclosure of the plaintiff’s income and assets acquired between the date of a foreign judgment of divorce and the date of commencement of this action for equitable distribution. Thus, the instant motion was, in actuality, one for leave to reargue and renew (see Cunningham v Diers, 14 AD3d 528, 529; Agayeva v KJ Shuttle Serv., 284 AD2d 488; Cangro v Cangro, 272 AD2d 286; Mucciola v City of New York, 177 AD2d 553, 554).

Furthermore, the Supreme Court providently exercised its discretion in denying that branch of the instant motion which was, in effect, for leave to renew. A motion for leave to renew “shall be based upon new facts not offered on the prior motion that would change the prior determination” and “shall contain reasonable justification for the failure to present such facts on the [*2]prior motion” (CPLR 2221[e][2], [3]; see DeMarquez v Gallo, 94 AD3d 1039Matter of Choy v Mai Ling Lai, 91 AD3d 772). Although the requirement that a motion for renewal must be based on new facts is a flexible one (see DeMarquez v Gallo, 94 AD3d 1039Matter of Beren v Beren, 92 AD3d 676, 677), a motion to renew is not a second chance freely given to parties who have not exercised due diligence in making their first factual presentation, and the Supreme Court lacks discretion to grant renewal where the moving party omits a reasonable justification for failing to present the new facts on the original motion (see Bazile v City of New York, 94 AD3d 929Eskenazi v Mackoul, 92 AD3d 828, 829; Worrell v Parkway Estates, LLC, 43 AD3d 436, 437; Renna v Gullo, 19 AD3d 472, 473). Here, the defendant relied on additional facts known to her at the time of her prior cross motion without demonstrating a reasonable justification for failing to submit these facts on the earlier cross motion (see Bazile v City of New York, 94 AD3d 929Eskenazi v Mackoul, 92 AD3d at 829; Dervisevic v Dervisevic, 89 AD3d 785, 787). In any event, the defendant failed to demonstrate that the additional facts she submitted would change the Supreme Court’s prior determination denying that branch of her cross motion which was to compel discovery (see Eskenazi v Mackoul, 92 AD3d at 829).
ANGIOLILLO, J.P., ENG, LOTT and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

 

 

 

 

ATTORNEY ADVERTISING: Information herein and is not intended to be, legal advice. This sample legal document is provided as part of a free public educational service by Zachary Irtaza Riyaz, Esq., attorney at law in the State of New York (Westhampton – Tel. 516-234-0348), for reference only. IT IS NOT INTENDED TO GIVE LEGAL ADVICE ABOUT A SPECIFIC LEGAL PROBLEM, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. Due to the importance of the individual facts of every case, the generalizations I make may not necessarily be applicable to any particular case. Statutes and codes such as Domestic Relations Law (DRL)are frequently amended and may affect the validity of the above legal document and no representation is made that the above sample is going to be enforceable in the future.Changes in the law could at any time make parts of this web site content obsolete. Updated statutes and codes may be available at the New York State Legislature Website. No statute or sample legal document should be relied on without understanding controlling case law which may further interpret it. THIS INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT IF LEGAL ADVICE IS REQUIRED THE SERVICES OF A COMPETENT ATTORNEY WILL BE CONSULTED.

SAMPLE EXPERT REPORT DISCLOSURE FORM (FOR EDUCATIONAL PURPOSE ONLY …NOT TO BE USED IN LITIGATION)

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SAMPLE EXPERT REPORT DISCLOSURE FORM (FOR EDUCATIONAL PURPOSE ONLY …NOT TO BE USED IN LITIGATION)

22 NYCRR 202.16

(g) Each expert witness whom a party expects to call at the trial shall file with the court a written report, which shall be exchanged and filed with the court no later than 60 days before the date set for trial, and reply reports, if any, shall be exchanged and files no later than 30 days before such date. Failure to file with the court a report in conformance with these requirements may, in the court’s discretion, preclude the use of the expert. Except for good cause shown, the reports exchanged between the parties shall be the only reports admissible at trial. Late retention of experts and consequent late submission of reports shall be permitted only upon a showing of good cause as authorized by CPLR 3101(d)(1)(i). In the discretion of the court, written reports may be used to substitute for direct testimony at the trial, but the reports shall be submitted by the expert under oath, and the expert shall be present and available for cross-examination. In the discretion of the court, in a proper case, parties may be bound by the expert’s report in their direct case.

 

 

 

Sample from to be filed with the Expert report:

 

 

SUPREME COURT OF THE STATE OF

NEW YORK:   COUNTY OF ____________

———————————————————————X  

 

_______________________,                                                            

 

                                                Plaintiff,                                             

                                                                                               

            -against-                                                                                 Index No. __________

 

______________________,

           

                                                Defendant.

——————————————————————–X

 

S I R:

 

 

            PLEASE TAKE NOTICE that pursuant to CPLR §3101(d) and NYCCR §202.16(g)(2), attached please find ___________________, submitted by ______________ under oath, dated February 28, 2012.

 

Yours, etc.

 

___________________

Attorneys for Plaintiff

___________________

 

 

TO:      HONORABLE ____________

Supreme Court

_________________________

 

 

_________________________

            Attorneys for Defendant

________________________

 

 

 

 

 

 

ATTORNEY ADVERTISING: Information herein and is not intended to be, legal advice. This sample legal document is provided as part of a free public educational service by Zachary Irtaza Riyaz, Esq., attorney at law in the State of New York (Westhampton – Tel. 516-234-0348), for reference only. IT IS NOT INTENDED TO GIVE LEGAL ADVICE ABOUT A SPECIFIC LEGAL PROBLEM, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. Due to the importance of the individual facts of every case, the generalizations I make may not necessarily be applicable to any particular case. Statutes and codes such as Domestic Relations Law (DRL)are frequently amended and may affect the validity of the above legal document and no representation is made that the above sample is going to be enforceable in the future.Changes in the law could at any time make parts of this web site content obsolete. Updated statutes and codes may be available at the New York State Legislature Website. No statute or sample legal document should be relied on without understanding controlling case law which may further interpret it. THIS INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT IF LEGAL ADVICE IS REQUIRED THE SERVICES OF A COMPETENT ATTORNEY WILL BE CONSULTED.

Things you can do to reduce the cost of your divorce…

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Things you can do to reduce the cost of your divorce…

  1. Work on a history of your marriage in chronological fashion, start with the day before you met your spouse, include every single event, how everything was purchased and sold, trace all of the assets tangible or otherwise.
  2. Gather all financial records, start with bank accounts statements for the past three years, tax returns, credit cards statements, copies of deeds, title of vehicles, business records and ledgers, and financial documents on the computer.
  3. If custody of your children is an issue than make a separate list of every single thing you have done for the children since they were conceived.
  4. Write down a list of questions for your lawyer on a weekly basis and call him or her once per week.
  5. Prepare your Statement of Net Worth, which shall include all of your months expenses, assets and liabilities.
  6. If you own a business, which was acquired during the marriage then you must gather all of you financial records, including your general ledger for the past three years or more.
  7. Pick up a hobby and/or volunteer your time at the local community organization to keep you mind occupied.
  8. Listen to your attorney and follow his/her advice.

ATTORNEY ADVERTISING: Information herein and is not intended to be, legal advice. This sample legal document is provided as part of a free public educational service by Zachary Irtaza Riyaz, Esq., attorney at law in the State of New York (Westhampton – Tel. 516-234-0348), for reference only. IT IS NOT INTENDED TO GIVE LEGAL ADVICE ABOUT A SPECIFIC LEGAL PROBLEM, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. Due to the importance of the individual facts of every case, the generalizations I make may not necessarily be applicable to any particular case. Statutes and codes such as Domestic Relations Law (DRL)are frequently amended and may affect the validity of the above legal document and no representation is made that the above sample is going to be enforceable in the future.Changes in the law could at any time make parts of this web site content obsolete. Updated statutes and codes may be available at the New York State Legislature Website. No statute or sample legal document should be relied on without understanding controlling case law which may further interpret it. THIS INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT IF LEGAL ADVICE IS REQUIRED THE SERVICES OF A COMPETENT ATTORNEY WILL BE CONSULTED.

SAMPLE SATISFACTION OF MECHANIC’S LIEN (FOR EDUCATIONAL PURPOSE ONLY …NOT TO BE USED IN LITIGATION)

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SAMPLE SATISFACTION OF MECHANIC’S LIEN  (FOR EDUCATIONAL PURPOSE ONLY …NOT TO BE USED IN LITIGATION)

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF ______________

————————————————————————X

________________________,

Plaintiff,

SATISFACTION                         OF

– against –                                                                     MECHANIC’S LIEN

_______________________,                                                 Index No.: _________

JOHN DOE and JANE DOE,

Defendants.

———————————————————————–X

STATE OF NEW YORK )

):ss

COUNTY OF SUFFOLK)

______________, President of _____________, does hereby certify that a certain Mechanic’s Lien, filed in the Office of the Clerk of the County of ________ on the _____ day of _________ in favor of ________Incorporated, claimant against the premises known as _________________ NY _________, Suffolk County Tax Map Number:  _________________________, for the sum of  $_________, claimed against ___________________, John Doe and Jane Doe, as Owner, is paid and satisfied, and does hereby consent that the same be discharged or record.

WITNESS the signature and seal of the above party this           day of ____________

___________ INCORPORATED

______________________________

By:  _____________, President

 

STATE OF NEW YORK

COUNTY OF SUFFOLK

On the           day of                          , in the year ______, before me, the undersigned, personally appeared  _____________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.

______________________________

Notary Public

ATTORNEY ADVERTISING: Information herein and is not intended to be, legal advice. This sample legal document is provided as part of a free public educational service by Zachary Irtaza Riyaz, Esq., attorney at law in the State of New York (Westhampton – Tel. 516-234-0348), for reference only. IT IS NOT INTENDED TO GIVE LEGAL ADVICE ABOUT A SPECIFIC LEGAL PROBLEM, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. Due to the importance of the individual facts of every case, the generalizations I make may not necessarily be applicable to any particular case. Statutes and codes such as Domestic Relations Law (DRL)are frequently amended and may affect the validity of the above legal document and no representation is made that the above sample is going to be enforceable in the future.Changes in the law could at any time make parts of this web site content obsolete. Updated statutes and codes may be available at the New York State Legislature Website. No statute or sample legal document should be relied on without understanding controlling case law which may further interpret it. THIS INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT IF LEGAL ADVICE IS REQUIRED THE SERVICES OF A COMPETENT ATTORNEY WILL BE CONSULTED.

SAMPLE DEMAND FOR DISCOVERY OF EXPERT WITNESSES (FOR EDUCATIONAL PURPOSE ONLY …NOT TO BE USED IN LITIGATION)

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SAMPLE DEMAND FOR DISCOVERY OF  EXPERT WITNESSES   

 (FOR EDUCATIONAL PURPOSE ONLY …NOT TO

SUPREME COURT OF THE STATE OFNEW YORK

COUNTY OF ___________

———————————————————————-X

DEMAND FOR

                                                                                              DISCOVERY OF 

                                                                                              EXPERT WITNESSES        

Plaintiff,

 

-against-

 

Index No.:

 

Defendant.

———————————————————————-X

 

S I R :

 

PLEASE TAKE NOTICE, that pursuant to CPLR Section 3101(d), you are hereby required to serve ­­­­­­­­­­__________________for Defendant, the following discovery as to each person whom you will call as an expert. The information herein must be served, by mail, addressed to the offices of _________________  at _______________________.

PLEASE TAKE FURTHER NOTICE            , that pursuant to the CPLR, this is a continuing demand that you are required to serve the demanded information by the earliest of the following:

(a)        Within five (5) days of the date of this demand; or

(b)        Within five (5) days of having retained any experts which you will call at trial; and, in any event

(c)        No later than five (5) days prior to the commencement of trial.

PLEASE TAKE FURTHER NOTICE, that your failure to comply with this demand will result, inter alia, in a motion to preclude the testimony of any such expert(s) upon the trial of this action.

1.         With respect to any and all expert witnesses, please provide:

(a)        The name(s) of such expert(s);

(b)        The current addresses, both home and office, of such experts;

(c)        The area of expertise;

(d)        Educational background, including the names, addresses and graduation date of each school attended;

(e)        The present certification(s) and/or qualification(s) as to each proposed expert witness;

(f)         The associations and societies of which the expert is a member

(g)        The subject matter in which the expert will testify

(h)        The substance of the facts and opinions to which each expert will testify; and

(i)         A summary of ground for each expert’s opinion.

2.         If you will call an economist or actuary, please state:

(a)        The name(s) of such economist or actuary;

(b)        The address, both home and office of such economist or actuary;

(c)        The qualifications of such expert(s), including educational background, business and/or governmental experience, and associations or societies of which the expert is a member;

(d)        The subject matter on which each expert will testify;

(e)        The substance of the facts and opinions to which each expert will testify;

(f)         A summary of the grounds for each expert’s opinion.

3.         State the name of any other expert whom you will call as a witness at the

trial, and for each such expert state:

(a)        The address, both home and business, of such expert(s)

(b)        The subject matter of which the expert will testify;

(c)        The substance of facts and opinions to which the expert will            testify;

(d)        A summary of the ground for each and such opinion;

(e)        A brief chronological resume of the expert’s qualifications, including educational background and professional background, including the associations or societies of which the expert is a member, and as to medical personnel, the names and address of all hospitals on whose staffs such experts are or were.

4.         With respect to any expert witness whom you intend to call, provide copies of any reports, evaluations, analyses, memorandum and any other documents upon which the expert will rely when testifying at trial, and any document prepared in connection with this case.

 

Dated: ___________, New York

Yours, etc.

________________________

By  ___________________, Esq.

Attorneys for

Address line 1

Address line 2

Phone number

 

TO:      NAME(S)

Attorneys for

Address line 1

Address line 2

Phone number

 

 

ATTORNEY ADVERTISING: Information herein and is not intended to be, legal advice. This sample legal document is provided as part of a free public educational service by Zachary Irtaza Riyaz, Esq., attorney at law in the State of New York (Westhampton – Tel. 516-234-0348), for reference only. IT IS NOT INTENDED TO GIVE LEGAL ADVICE ABOUT A SPECIFIC LEGAL PROBLEM, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. Due to the importance of the individual facts of every case, the generalizations I make may not necessarily be applicable to any particular case. Statutes and codes such as Domestic Relations Law (DRL)are frequently amended and may affect the validity of the above legal document and no representation is made that the above sample is going to be enforceable in the future.Changes in the law could at any time make parts of this web site content obsolete. Updated statutes and codes may be available at the New York State Legislature Website. No statute or sample legal document should be relied on without understanding controlling case law which may further interpret it. THIS INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT IF LEGAL ADVICE IS REQUIRED THE SERVICES OF A COMPETENT ATTORNEY WILL BE CONSULTED.

BE USED IN LITIGATION)

SAMPLE TRIAL SUBPOENA – TO BE SERVED ON THE DEFENDANT (FOR EDUCATIONAL PURPOSE ONLY …NOT TO BE USED IN LITIGATION)

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SAMPLE TRIAL SUBPOENA – TO BE SERVED ON THE DEFENDANT (FOR EDUCATIONAL PURPOSE ONLY …NOT TO BE USED IN LITIGATION)

 SUPREME COURT : STATE OF NEW YORK

COUNTY OF SUFFOLK

—————————————————————X

______________________,

 

                                    Plaintiff,                                 TRIAL SUBPOENA

 

            -against-                                                        Index No.: 

 ______________________,

                                     Defendant.

—————————————————————X

THE PEOPLE OF THE STATE OFNEW YORK

 TO:        ____________________________

GREETING:

WE COMMAND YOU, that all business and excuses being laid aside, you and each of you appear and attend before the Honorable ___________________ of the Supreme Court of the State of New York, County of Suffolk,  _________________________, New York, on ______________ 9:00 a.m. and at any recessed or adjourned date, to give testimony in this action on the part of the Plaintiff, and that you bring with you and produce at the time and place aforesaid, the following documents and records, now in your custody and all other deeds, evidences and writings, which you have in your custody or power, for the years ________ through ____________, including:

1.  All savings bank books, records, accounts and memoranda, current as well as those that may have been cancelled or closed, whether in Defendant’s name individually, jointly, in trust, as custodian, as nominee, or in conjunction with any other person or persons, including, but not limited to deposit slips, withdrawal slips, money orders or bank check stubs.

 

 

2.  All records, papers and memoranda concerning all checking accounts in Defendant’s name individually, joint, in trust, as custodial, as nominee or in conjunction with any other person or persons, including checkbooks, checkbook stubs, statements, cancelled checks and deposit slips, whether said accounts are current or may have been closed.

 

 

3.  All stock certificates, bond or other securities in Defendant’s name individual, jointly, in trust, as custodian, as nominee or in conjunction with any other person or persons, or conjunction with any other person or persons in any corporation, domestic and foreign, or issued by the Federal Government or by any State, Municipal or other governmental agency.

 

 

4.  All books, records, accounts, monthly statements, statements of transactions and all other papers and memoranda of stock brokerage accounts in Defendant’s name individually, jointly, in trust, as custodian, as nominee or in conjunction with any other person or persons.

 

 

5.  All personal financial statements prepared on behalf of the Defendant and all credit applications.

 

6.  Copies of all Federal, State and City income tax returns together with Schedules and work sheets thereof and all other papers, documents and memoranda referring to any adjustment made in connection therewith, together with all 1099, W-2 and K-1 forms.

 

 

7.  Any and all contracts for rental and/or lease of safe deposit boxes and vaults.

 

 

8.  Any and all deeds or conveyances of real property in Defendant’s name individually, jointly, in trust, as custodian, as nominee, or in conjunction with any other person or persons of which Defendant is the legal beneficial or equitable owner or has any interest therein.

 

 

 

9.  Any and all records, vouchers, documents, papers and memoranda pertaining to monies and benefits received and being presently received by Defendant from all sources, including but not limited to salaries, wages, drawings, travel and entertainment, automobile usage, dividends, bonuses, sick pay, pensions, annuities, welfare benefits, profit sharing, stock options, medical, dental and insurance benefits, retirement funds or reimbursed expenses.

 

 

10.  Any and all policies of insurance covering Defendant, including but not limited to life, endowment, annuity, theft, floater, liability, health and accident and automobile, and all records showing payments for premiums therefor.

 

 

11.  Any and all records, documents, papers, memoranda, notes, loans, and mortgages relating to any and all loans made by or to the Defendant from or to any person or entities.

 

 

12.  All agreements of employment.

 

 

13.  All records of membership and contributions to any charity or any other organization including private and professional clubs or associations.

 

 

14.  Copies of all balance sheets and operating statements of any corporation which Defendant during the years referred to or is an owner or holder of any outstanding stock.

 

 

15.  Copies of all balance sheets and operating statements of any business, professional practice, partnership, joint venture, and syndicate of which Defendant was or is a partner or member.

 

 

16.  With respect to such business, professional practice, corporation, partnership(s), joint venture(s), or syndicate(s);

 

 

(a)  All agreements to which Defendant is a party.

 

 

(b)  All loans, personal, expenses, disbursements and receipt accounts with respect to Defendant.

(c)  All savings bankbooks, records, accounts and memoranda, current as well as those that may have been cancelled or closed,

 

(d)  All records, papers and memoranda concerning all checking accounts, including checkbooks, checkbook stubs, statements, cancelled checks and deposit slips, whether said accounts are current or may have been closed.

 

 

(e)  All stock certificates, bonds or other securities or in any corporation, domestic or foreign, or issued by the Federal Government or by any state, municipal or other governmental agency.

 

 

(f)         All books, records, accounts, monthly statements, statements of transactions and all other papers and memoranda of stock brokerage accounts.

 

 

(g)  Copies of all Federal and State Income Tax returns together with the Schedules and work sheets thereof and all other papers, documents and memoranda referring to any adjustments made in connection therewith.

 

 

(h)  Any and all contracts for the rental and/or lease of safe deposit boxes or vaults.

 

(i)  Any and all deeds or conveyances of real property.

 

 

(j)  Any and all records, documents, papers and memoranda pertaining to monies received and being presently received from all sources.

 

 

(k)  Any and all policies of insurance, including but not limited to theft, floater, liability, health, accident and automobile, and all records showing payments or premiums therefor.

 

 

(l)  All records of membership in and contributions to any charity or any other organizations or associations, including private or professional clubs or associations.

 

 

(m)  Records of all credit card charges incurred by the Defendant and paid for by said business.

 

 

(n)  Any and all records, vouchers, documents, papers, memoranda pertaining to monies, benefits or reimbursements to Defendant for salaries, drawings, wages, travel and entertainment, automobile use or expense, dividends, bonuses, sick pay, pensions, annuities, welfare benefits, profit sharing, stock options, medical, dental and insurance benefits, retirement funds or reimbursed expenses.

 

 

(o)  All books, records, accounts, monthly statements, statements of transactions and all other papers and memoranda with respect to any and all credit card and charge card accounts.

 

 

17.  All records, bills, invoices, charge cards, receipts, and all documentation relating to the Defendant’s vacations.

 

 

18.  All leases, papers, memoranda concerning all automobiles leased by the Defendant.

 

 

19.  The Defendant’s personal and office diary covering the period for the past five years to date.

 

 

20.  All checks, bills, memoranda or other statements in the Defendant’s name individually or in conjunction with any other person or persons for expenditures made or incurred during the past three years for the following items:  private school, college, skiing, mortgages, vacations, rent, maintenance, real estate taxes and assessments, home insurance, life insurance, fuel, painting, gardening, water, repairs, wages, income taxes, personal taxes, food, clothing, accident insurance, dues and expenses, political contributions, education, travel, automobile, automobile maintenance, automobile insurance, medical expenses, entertainment, appliances, furniture, home furnishings, home improvements, telephone, electric, gas, oil, books, periodicals, sporting goods, hobbies.

 

 

21.  All records of leases on which you are the landlord or lessee.

 

 

22.  Any and all records evidencing payments as and for support monies.

 

 

23.  Any and all documents, writings, memoranda, bank books, check books, etc., evidencing receipts of payments as and for rent from any current or past tenants.

 

 

24.  Copies all sales agreements and/or options, and/or closing statements or any real estate owned by you or held by you in your name or in your name jointly, or in your name in trust, or in your name as guardian, in which you have an interest exceeding fifteen (15%) percent and having been signed within this time period.

 

25.  Copies of all mortgages, notes receivable, or other evidence of debts due you, individually or via entity, as well as all mortgages, notes receivable or other evidence of debts due an entity in which you hold a legal or equitable ownership interest which have been executed or are payable in this time period or the future.

 

 

26.  Copies of all partnership and/or joint venture agreements to which you are a party.

 

 

27.  Copies of all corporate records (articles of organization, by-laws, and minute books) for every corporation in which you have an equitable or legal ownership interest in excess of ten (10%) percent including but not limited to those listed above.

 

 

28.  All books and records showing any fringe benefits available to you from any business entity in which you have a legal or equitable ownership interest, including but not limited to auto expenses, travel expenses, personal living and entertainment expenses, life insurance, bonuses, health, accident and hospital insurance.

 

 

29.  Copies of each Keogh, pension, profit sharing and retirement plan, and statements of any and all IRA accounts and any other employee benefit plan in which you are a participant.

 

 

30.  All credit and charge accounts cards and monthly statements pertaining thereto for specified time period, whether individual or joint, of which you have use, whether current or cancelled.

 

 

31.  The registration of each and every motor vehicle currently used by you whether registered to you individually or to entity, whether equitable or legal, and registrations of any of which expenses are paid by entity, and provide records of all expense payments or reimbursements in connection therewith.

 

 

32.  All records pertaining to the transfer by sale or gift or otherwise of any personal property, including stocks and bonds in excess of One Hundred ($100.00) Dollars made by you within specified time period.

 

 

33.  All employment records pertaining to personal employed by you within specified time period, including without limitation the names and addresses, the amount paid, the date of each payment and the nature of the services performed by each employee.

 

34.  Copies of your Will and any and all Wills and/or trusts wherein you are named, and/or wherein you are given any beneficial interest, and/or wherein you are named as trustee and/or executor, including but not limited to the Wills and/or trusts of your parents and/or close relative, with respect to which you are required to provide trust indentures, amortization schedules, records of payments made or received, in the current books and ledgers and accounts of said trusts.

 

 

35.  All patents and copyrights in your name, or in the name of any partnership, or corporation in which you have more than a ten (10%) interest.

 

 

36.  Copies of all powers of attorney as to which you are either a principal or an agent.

 

 

37.  Copies of yourUnited Statespassport, current or expired.

 

 

38.  Copies of any and all assumed name certificates and partnership certificates and/or limited partnership, firm, corporation or other entity in which you have more than a ten (10%) percent interest as a legal owner or in which you have an equitable interest of any kind.

 

 

39.  Provide copies of any and all contracts and promissory notes for which you are obligated individually or by an entity, whether primarily liable, in excess of One Thousand ($1,000.00) Dollars.

 

 

40.  Copies of any and all records, documents, receipts, contracts and the like which reflect in any way and all acquisitions of personal property by you within the specified time period.  Such records may include but are not limited to purchases in excess of $500.00 of china, crystal, silverware, glassware, oriental vases, furniture and the like.

 

 

41.  Any and all records, appraisals, receipts, contracts, and the like reflecting in any way your acquisition of any precious metals, stamps, coins or other collectibles having a value in excess of $500.00.

 

 

42.  Copies of any and all judgments, pleadings, satisfactions of judgment, summonses and the like reflecting in any way to any lawsuits to which you have been a party, whether Plaintiff or Defendant, within the specified period time.

 

 

43.  An itemized statement of all accounts receivable, and all accounts or clients which are current and for which you expect payment in the future, by producing books or ledgers, or by a separate itemization.

 

 

44.  The Plaintiff specifically reserves his/her right to request any and all other additional documents which may, in the opinion of counsel, later become necessary.

 

 

Failure to comply with this subpoena is punishable as a contempt of Court and shall make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars and all damages sustained by reason of your failure to comply.

 

WITNESS, Honorable __________________, one of the Justice of said Court, at the Supreme Courthouse, _____________________, New York, on the _____th day of _____________.

By: ____________________.

Attorneys for ___________

___________________

 

ATTORNEY ADVERTISING: Information herein and is not intended to be, legal advice. This sample legal document is provided as part of a free public educational service by Zachary Irtaza Riyaz, Esq., attorney at law in the State of New York (Westhampton – Tel. 516-234-0348), for reference only. IT IS NOT INTENDED TO GIVE LEGAL ADVICE ABOUT A SPECIFIC LEGAL PROBLEM, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. Due to the importance of the individual facts of every case, the generalizations I make may not necessarily be applicable to any particular case. Statutes and codes such as Domestic Relations Law (DRL)are frequently amended and may affect the validity of the above legal document and no representation is made that the above sample is going to be enforceable in the future.Changes in the law could at any time make parts of this web site content obsolete. Updated statutes and codes may be available at the New York State Legislature Website. No statute or sample legal document should be relied on without understanding controlling case law which may further interpret it. THIS INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT IF LEGAL ADVICE IS REQUIRED THE SERVICES OF A COMPETENT ATTORNEY WILL BE CONSULTED.

 

SAMPLE INCOME EXECUTION FOR SUPPORT ENFORCEMENT PURSUANT TO CPLR § 5241 (FOR EDUCATIONAL PURPOSE ONLY …NOT TO BE USED IN LITIGATION)

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SAMPLE INCOME EXECUTION FOR SUPPORT ENFORCEMENT PURSUANT TO CPLR § 5241 (FOR EDUCATIONAL PURPOSE ONLY …NOT TO BE USED IN LITIGATION)

SUPREME COURT OF THE STATE OF

NEW YORK : COUNTY OF ____________

——————————————————–x

_____________________,

 

Plaintiff,

INCOME EXECUTION FOR

called the Creditor, against                             SUPPORT ENFORCEMENT

PURSUANT TO CPLR § 5241

_____________________,

Index No. __________

Defendant,

called the Debtor,

——————————————————–x

THE PEOPLE OF THE STATE OF NEW YORK

TO:      __________________

GREETING:

 

An order of support was duly entered on _________________, by the Supreme Court, County of Suffolk, in favor of _____________, creditor, and against _______________, debtor, directing the debtor to pay to the creditor the sum of $____________ per month for child support.  Annexed hereto as Exhibit A is a true and correct copy of the Order of the Honorable ______________, granted ___________________.

 

The payments are now in arrears in the sum of $____________ in that the debtor has defaulted in making the payments as follows:

 

_________ payments for _________ through __________                           $______

Minus payments made                                                                                   $  ______

Total                                                                                                               $________

The name and address of the employer from whom the debtor is receiving income is:

 

_____________________

 

The amount of deductions to be made from the income on account of current support is $__________ per month representing 60% of the Debtor’s monthly __________ payment.

 

The amount of deductions to be made from the income to be applied to the reduction of arrears is $________ per month representing 5% of the Debtor’s monthly disability pension payment.

 

NOTICE TO DEBTOR:

The aforesaid deductions will apply to current and subsequent income. This execution will be served upon any current or subsequent employer or income payor unless a mistake of fact is shown within fifteen (15) days.

 

Where the execution is issued by the sheriff, clerk of court, or an attorney, the debtor may assert a mistake of fact within fifteen (15) days from service of a copy of this execution by application to the Supreme Court or to the Family Court. If the application is made to the Family Court, it shall be heard and determined in accordance with the provisions of Section 439 of the Family Court Act, and a determination thereof shall be made and the debtor notified thereof within 45 days of the application. If the debtor claims a mistake of fact, a determination will be made within 45 days after notice to the debtor and the debtor will receive written notice whether the execution will be served and of the time that deductions will begin.

 

NOTICE TO PAYOR:

 

The employer or must commence deductions no later than the first pay period that occurs after fourteen (14) days following the service of this execution and payment must be remitted to the creditor within ten (10) days of the date that the debtor is paid. Failure to comply may result in the Payor’s liability to the Creditor for accrued deductions, interest and reasonable counsel fees.

 

This execution is binding until further notice.

CPLR § 5252 of the provides as follows

Discrimination against employees and prospective employees based upon wage assignment or income execution.

 

  1. 1.    No employer shall discharge, lay off, or discipline an employee or refuse to hire a prospective employee because one or more wage assignments or income executions have been served upon such employer or a former employer against the employee’s or prospective employee’s wages or because of the pendency of any action or judgment against the employee or prospective employee for nonpayment of any alleged contractual obligation.

 

  1. 2.    Any employee or prospective employee may institute a civil action for damages for wages lost as a result of a violation of this section within ninety days after such violation, Damages recoverable shall not exceed lost wages for six weeks and in such action the court also may order the reinstatement of such discharged employee or the hiring of such prospective employee. Except as provided for in subdivision (g) of section fifty-two hundred and forty-one, not more than ten per centum of the damages recovered in such action shall be subject to any claims, attachments, or executions by any creditors, judgment creditors or assignees of such employee or prospective employee. A violation of this section may also be punished as a contempt of court pursuant to the provisions of section seven hundred fifty-three of the judiciary law.

 

A violation of that CPLR § 5252 is punishable as a contempt of court by fine or imprisonment or both.

 

Limitations on the Amount that can be Withheld

 

Where the income is compensation paid or payable to the debtor for personal services, the amount of the deductions to be withheld shall not exceed the following:

 

1.         Where the debtor is currently supporting a spouse or dependent child other than the creditor, the amount of the deductions to be withheld shall not exceed fifty percent (50%) of the earnings of the debtor remaining after the deduction therefrom of any amounts required by law to be withheld (“disposable earnings”), except that if any part of such deduction is to be applied to the reduction of arrears which shall have accrued more than twelve (12) weeks prior to the beginning of the week for which such earnings are payable, the amount of such deduction shall not exceed fifty-five percent (55%) of disposable earnings.

 

2.         Where a debtor is not currently supporting a spouse or dependent child other than the creditor, the amount of the deductions to be withheld shall not exceed sixty percent (60%) of the earnings of the debtor remaining after the deduction therefrom of any amounts required by law to be withheld (“disposable earnings”), except that if any part of such deduction is to be applied to the reduction of arrears which shall have accrued more than twelve (12) weeks prior to the beginning of the week for which such earnings are payable, the amount of such deduction shall not exceed sixty-five percent (65%) of disposable earnings.

 

An Employer must notify the issuer promptly when the debtor terminates employment and the debtor’s last address and the name and address of the new employer, if known.

 

ISSUED BY:                                       ________________________________

____________________

By: ________________ Esq.

Attorneys for Creditor

_________________

Dated: ______________                    _________________, New York

 

 

 

 

ATTORNEY ADVERTISING: Information herein and is not intended to be, legal advice. This sample legal document is provided as part of a free public educational service by Zachary Irtaza Riyaz, Esq., attorney at law in the State of New York (Westhampton – Tel. 516-234-0348), for reference only. IT IS NOT INTENDED TO GIVE LEGAL ADVICE ABOUT A SPECIFIC LEGAL PROBLEM, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. Due to the importance of the individual facts of every case, the generalizations I make may not necessarily be applicable to any particular case. Statutes and codes such as Domestic Relations Law (DRL)are frequently amended and may affect the validity of the above legal document and no representation is made that the above sample is going to be enforceable in the future.Changes in the law could at any time make parts of this web site content obsolete. Updated statutes and codes may be available at the New York State Legislature Website. No statute or sample legal document should be relied on without understanding controlling case law which may further interpret it. THIS INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT IF LEGAL ADVICE IS REQUIRED THE SERVICES OF A COMPETENT ATTORNEY WILL BE CONSULTED.

 

 

Pursuant to the New York CPLR a Court may set aside a jury verdict if ….. (FOR EDUCATIONAL PURPOSE ONLY …NOT TO BE USED IN LITIGATION)

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Pursuant to the New York CPLR a Court may set aside a jury verdict if ….. (FOR EDUCATIONAL PURPOSE ONLY …NOT TO BE USED IN LITIGATION)

 

CPLR 4404(a) states, inter alia, that a court may set aside a jury verdict and “order a new trial . . . where the verdict is contrary to the weight of the evidence.” “A jury verdict should not be set aside as contrary to the weight of the evidence unless the evidence so preponderate[s] in favor of the [moving party] that the jury could not have reached the verdict by any fair interpretation of the evidence'” (Seong Yim Kim v New York City Tr. Auth., 87 AD3d 531, 532, quoting Acosta v City of New York, 84 AD3d 706, 708). “It is within the province of the jury to determine issues of credibility, and great deference is accorded to the jury given its opportunity to see and hear the witnesses” (Palermo v Original California Taqueria, Inc., 72 AD3d 917, 918).

 

 

ATTORNEY ADVERTISING: Information herein and is not intended to be, legal advice. This sample legal document is provided as part of a free public educational service by Zachary Irtaza Riyaz, Esq., attorney at law in the State of New York (Westhampton – Tel. 516-234-0348), for reference only. IT IS NOT INTENDED TO GIVE LEGAL ADVICE ABOUT A SPECIFIC LEGAL PROBLEM, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. Due to the importance of the individual facts of every case, the generalizations I make may not necessarily be applicable to any particular case. Statutes and codes such as Domestic Relations Law (DRL)are frequently amended and may affect the validity of the above legal document and no representation is made that the above sample is going to be enforceable in the future.Changes in the law could at any time make parts of this web site content obsolete. Updated statutes and codes may be available at the New York State Legislature Website. No statute or sample legal document should be relied on without understanding controlling case law which may further interpret it. THIS INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT IF LEGAL ADVICE IS REQUIRED THE SERVICES OF A COMPETENT ATTORNEY WILL BE CONSULTED.