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  • Forum Selection Clauses In New York: What Out-of-State Borrowers Must Know
    Forum Selection Clauses In New York: What Out-of-State Borrowers Must Know

    Forum selection clauses in loan agreements force out-of-state borrowers to litigate in New York. As a collection defense attorney, I've observed how these provisions can tilt the playing field in ...

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  • Vacating a Judgment in New York? Key Case Holdings About Judicial Discretion
    Vacating a Judgment in New York? Key Case Holdings About Judicial Discretion

    For this blog, I pulled out some of the "greatest hits" of case decisions regarding vacating (overturning) judgments in New York. From service of post-judgment notices to defenses in usury, courts ...

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  • Access Your Exempt Bank Funds: The Essential Guide to Using the Exemption Claim Form Kit
    Access Your Exempt Bank Funds: The Essential Guide to Using the Exemption Claim Form Kit

    The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York CPLR §§ 5205, specific funds are protected from bank freezes. ...

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  • New York Expands Medical Debt Protections: What Patients Need to Know in 2024
    New York Expands Medical Debt Protections: What Patients Need to Know in 2024

    New York has significantly expanded financial assistance and medical debt collection protections for patients effective October 20, 2024. The key requirements include: Expanded Financial Assistance ...

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  • Citibank Fails to Show Debtor Retained Account Statements Without objection; Appeals Court Rejects its Account Stated Claim
    Citibank Fails to Show Debtor Retained Account Statements Without objection; Appeals Court Rejects its Account Stated Claim

    In a notable appellate decision, Citibank (S.D.), N.A. v. Brown-Serulovic, the Appellate Division of the New York State Supreme Court's Second Judicial Department overturned a lower court's decision ...

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  • American Express vs. Dalbis: A Case Study on Evidentiary Challenges in Debt Litigation
    American Express vs. Dalbis: A Case Study on Evidentiary Challenges in Debt Litigation

    This blog reflects on a significant, prior New York City ruling denying American Express Bank's request for a default judgment against a credit card holder due to insufficient evidence. Three findings ...

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