Articles under General

If you are thinking bankruptcy might be an option for you, there are a few important things to remember in order to avoid hurting your chances of a successful bankruptcy: Read More »

A recent Appellate Court decision gives condo owners another defense to collection actions from their associations. Now, like a regular eviction, condo owners may claim that they are not required to pay their association dues because of the poor condition of the condominium complex. The association attempted to evict the owner for non-payment of assessments, but the owner claimed that the building was poorly maintained and, as a result, her unit flooded causing interior damage. She claimed that the association was aware of the failing brickwork, but did nothing to correct it. Since the condominium declaration required the association to use the assessments to keep the property in good repair, the appellate court allowed the defense. Read More »

An appellate court in New York recently determined that giving the finger to a cop is not sufficient probable cause for an arrest. A passenger in a vehicle flashed the bird at a cop in a speed trap. Naturally, the cop took off after the car. Words were exchanged between the couple in the car and the officer, which eventually resulted in the passenger’s arrest. After the charges were dismissed, the couple sued the officer for violations of their civil rights. The officers attempted to avoid liability by claiming they properly stopped the vehicle after receiving the finger since they thought that was a sign that somebody was in distress or in trouble. The appellate court found the reasoning humorously off base and the traffic stop unconstitutional. Read More »