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Recent Decision in New York Law Journal 5/5/2023

David A. Kaminsky, Esq. of David A. Kaminsky & Associates, P.C. and of counsel attorney, James English, Esq. are pleased to report the successful defense of a matter of a motion to dismiss which sought to dismiss our client’s case based on claims of fraudulent conveyance and quiet title. A copy of our decision appeared Read More »

Rent & Lease-Break Issues During COVID-19 – Attorney Advertising

We are getting many calls from the real estate industry and the public at large on payment and collection of rent issues-  lease-breaks, rent defaults, personal guarantees, business shut-downs, escape to parents’ house in the suburbs, grifter roommates,  etc., etc. and we are up to date on the daily changing picture.  Many of these situations Read More »

Small Claims Court in New York City

An important change to Small Claims Court in New York City has recently been very quietly enacted, which is the increase of the jurisdictional limit to the amount of a Small Claims lawsuit from $5,000.00 to $10,000.00. This is a change that has been discussed for a long time but has finally come to fruition.  Read More »

Non-Residential Tenant Harassment Law

As most of you are aware, a large part of our practice is representing Landlords and Tenants involved with commercial property. It is a common complaint of commercial tenants that their Landlords are “harassing” them in an effort to force them out of their space because their rent is “under market.” It is certainly possible Read More »

Many people think that Airbnb is harmless

To all those who wonder why Airbnb is problematic for landlords and for tenants, I have created lists that will help you understand the difficulties and implications linked to this type of rental. Please read the following lists: 1. Increased traffic causes increased wear and tear and damage. 2. Insurance issues, in that landlord’s insurance Read More »

Using a "CEMA" to Save Money

One of the most challenging issues when purchasing a condo or house is keeping additional charges down.  Attorneys’ fees, closing costs, and mortgage recording taxes can pile up and result in unexpected expenses for the Purchaser.  However, there are ways to minimize mounting costs and in the following instance, there is a tool that benefits Read More »

Short Sale or Foreclosure?

There are many homeowners who are now faced with the burden of not being able to make their mortgage payments, and who are finding they have no equity in their home. If they are in a situation of having to sell, they find themselves in the precarious position of deciding if they should “Short Sale” Read More »