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State Courts -
New York - January 30, 2007
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Private Capital Corp. v. Pascucci, 2004-08694, (Index No. 11580/93),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Referee properly determined that December 1, 1997, assignment of note and mortgage was invalid as purported assignment of any rights to second entity that was substituted for first entity that was crossed out as assignee, as proof was insufficient to prove parties consented to substitution of second entity as assignee.
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Reich v. Wolf & Fuhrman, P.C., 2005-07106, 2005-08581, 2006-00173, (Index No. 6803/04),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Denial of motion to vacate judgment for executrix was affirmed as temporary lapse in executrix's representative capacity when preliminary letters testamentary expired was cured by issuance of new letters testamentary. Law firm waived lapse when they participated in litigation and did not object to defect, which was matter of public record.
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Schwartz v. Kelly, 90, Index 101874/05,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 30, 2007, Decided , January 30, 2007, Entered
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Seckler-Roode v. Roode, 2005-02247, 2005-03263, (Index No. 03-12365),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Record did not support defendant's claim that pendente lite award should have been modified because plaintiff resumed work after leave of absence, as supreme court took plaintiff's ability to earn income into consideration when issuing pendente lite order, factoring in her base salary despite fact that she was on one-year leave of absence.
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