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Richard A. Klass
Law CURRENTS Back Issues, Articles,
Lectures and Klass “In the News”
Law CURRENTS, written by Richard A. Klass
Our office publishes Law CURRENTS, a free quarterly newsletter created for clients and colleagues. The following issues are available for both on-line reading and/or downloading as Acrobat PDF files.
$73k Buys $200,000 House Thanks to Debtor’s "Hat Trick" Screw-up.
Winter 2010
The foreclosure auction of the defendant’s Staten Island house came up on a Wednesday at 9:30AM. The courtroom was packed with people ready to bid on the house. The Referee announced the sale of the house, took bids, and struck down the sale at $73,000 to the successful bidder.
Moments later, the Referee informed the successful bidder that one of the two owners of the house had filed bankruptcy at 9:26AM; therefore, the foreclosure sale was invalid and the bidder should take back his bid deposit. At that moment, the successful bidder called Richard A. Klass, Your Court Street Lawyer about whether the sale was indeed invalid...." (more)
Making Sure the Guarantor is a “Good Guy.”
Fall 2009
In 1997, a landlord rented a commercial space to a tire company pursuant to a commercial lease agreement. The tenant defaulted in the payment of rent, owing the landlord the claimed arrearage sum of $157,000. To collect the rent arrears, the landlord came to Richard A. Klass, Your Court Street Lawyer to recover.... (more)
Who Are You and Why Are You Suing Me?! The Debt Buyer Phenomenon.
Summer 2009
He got the Summons and Complaint from a process server in 2007. The name of the plaintiff suing the defendant was “New Century Financial.” He had never heard of the plaintiff and did not know why it was suing him. The Complaint claimed that the defendant had a Providian credit card account and owed money on the account. He remembered having an account with Providian a long time ago and also remembered making his last payment to Providian in the Fall of 2000.... (more)
Don’t Give Me a Black Russian!
Spring 2009
In 2006, the executor of the estate of a woman who owned a cooperative apartment in Brooklyn attempted to sell the apartment. She first made a contract with a black woman who had two children to sell the apartment for $160,000. The contract of sale provided (as almost all do in cooperative apartment sales) that the buyer had to apply to the coop board for approval of the sale. She applied to the coop board for approval; then, dissention came about between the resident board members and the sponsor-management company. Despite supposedly being “approved” by the residents on the board, the management company claimed that the board was not legally constituted; accordingly, no closing of title would be scheduled.... (more)
Court Upholds 25-Year Lease at Fixed $800 Rent
Winter 2009
In Borough Park, there lived an elderly couple in a house (the Kimmels). Their neighbor (Twersky) was interested in renting the first floor apartment for her son and his family. At the time that she rented the apartment, it was in poor shape and in very poor condition; indeed, the entire house needed extensive renovations. In 1995, Twersky and the Kimmels entered into a lease agreement.... (more)
Amendment to Bankruptcy Petition Worth Millions!
Fall 2008
A brother tried to help his sister, and it almost cost him millions of dollars. Based upon the brother’s good credit, his sister bought a house in Queens in his name. At some point, she was unable to keep up with the mortgage payments and the house fell into foreclosure... (more)
When Do Two Feet Matter? When $16,728,000 Rides on It!
Summer 2008
In 2006, a developer entered into a contract to purchase a large industrial warehouse in Greenpoint, Brooklyn, in order to convert the property into residential housing. The Contract of Sale provided for a purchase price of $16,728,000.... (more)
How the “Continuous Representation” Doctrine Helps Injured Clients
Spring 2008
In legal matters, there is an attorney-client relationship from the moment that the attorney is consulted by the client until the matter concludes. If, during the term of this relationship, the attorney was negligent or commits malpractice in the matter, the client may have a claim against the attorney for legal malpractice. Sometimes, the malpractice is committed at the early stages of litigation and not at the conclusion; for instance, an action may have started in Year 1, malpractice was committed in Year 2, and the action concludes in Year 6. The question then becomes whether or not the client may pursue a claim against the attorney for the malpractice committed in Year 2, when the statute of limitations period may have already passed.... (more)
Notice to Admit: The Power of a Piece of Paper
Winter 2008
In the Civil Practice Law and Rules (CPLR) – the “Game Book” of civil practice in New York State courts, there is a little-used device called the “Notice to Admit.” While not as often utilized by attorneys as it ought to be, it can pack a powerful punch to the other side in litigation.... (more)
New Way to Award Attorney's Fees
Fall 2007
The “American Rule” governs most cases in United States’ courts, where each party to the litigation bears its own costs and attorney’s fees (as opposed to the “English Rule,” according to which the loser of the litigation is chargeable with the winner’s attorney’s fees). There are three exceptions to the “American Rule,” which are when there is:
(a) an agreement between the parties pertaining to attorney’s fees;
(b) a statute which awards reasonable attorney’s fees to the “prevailing party;” or
(c) a court rule provides for attorney’s fees.... (more)
Getting it Done: The Importance of Entering Timely Defaults
Summer 2007
In 2004, a guy went out for a night of drinkin’ on the town. On the way home, he stopped in to one last bar to drink. At the bar, in a very drunk condition, he hit on a woman. After leaving the bar to go home, he saw standing by a nearby building a woman who he thought was the same one as the one in the bar. When the guy saw the woman on the street, thinking it was the one he saw in the bar, he grabbed and touched her. Unfortunately, it turned out that she was not the same woman -- and she pressed charges of assault.... (more)
Force 'Em to Sell! The Right to Specific Performance
Spring 2007
In the typical real estate transaction, the seller is interested in selling the property, the buyer is interested in buying it, and the Contract of Sale is merely used to memorialize the deal and as the basis for the buyer to obtain a mortgage commitment from a mortgage lender. The closing takes place; everyone leaves happy!... (more)
What Is a “Traverse” Hearing and Why Is It Important.
Winter 2005
Recently, I had the opportunity to successfully represent a client at a traverse hearing in the Civil Court. This article will illustrate the purpose and effect of such a hearing.... (more)
Bringing an Action for Specific Performance of a Real Estate Contract of Sale
Spring 2004
Typically, the sale of real estate involves the signing of a contract of sale between the owner of the real estate and the prospective buyer for a certain dollar amount. Each side is eager to close the transaction -- the seller wants the money from the closing to purchase another property and the buyer wants to move into the house.... (more)
The Significance of “ECF” (Electronic Case Filing) in Courts
Winter 2003
The above headline seems a strange topic for this newsletter. It does not address a particular area of law, or seem to relate to most people other than lawyers. However, this is not so, and is an important development of which the general public should be aware.... (more)
The Importance of Saving Proof of Payment
Fall 2003
In 1994, tax payments were made to the NYC Department of Finance for several parcels of real property by a client. In 2001, unbeknownst to the client, the Department of Finance unilaterally reversed the payments made, added interest, created tax liens, and bundled up the liens for public auction sale.... (more)
The Sale of New York City Tax Liens at Auction
Spring 2003
Almost every parcel of real property within New York City is assessed taxes on an annual bases. When these real estate taxes are not paid, tax liens are created by law which “attach” to the property. The tax lien, similar to other liens, serves as notice to the public that the City has a claim against the property. Traditionally, New York City was enabled by statute to bring “in rem” proceedings to foreclose on the lien and, thus, become the owner of the property.... (more)
Presentations and Lectures by Richard Klass
Mr. Klass speaks to organizations across the New York Metro Area. If you would like Mr. Klass to speak to your organization about an area of practice mentioned on this website, please contact the office.
Articles by Richard Klass (available online)
Article Categories:
Attorney Fee Collections
Debt Collection
Legal Malpractice
Real Estate Litigation
Articles by Richard Klass (print)
Article on “Debt Counseling Requirement under the New Bankruptcy Act,” Brooklyn Papers, June 2005.
Article on “The Impact of the Presumption of Abuse on the Dismissal of a Chapter 7 Case,” The National List of Attorneys, Volume 16, Issue 19, June 2005.
Article on “The Impact of the Increase in Court Filing Fees upon Debt Collection in New York,” The National List of Attorneys, Volume 16, Issue 16, August 2004.
Featured in “Fair Debt Collection: Show Me The Money,” Brooklyn Daily Eagle, June 25, 2003.
Article on “Attorney’s Guide to the Federal Fair Debt Collection Practices Act,” Brooklyn Barrister, June 2001.
Legal contributor to The Brooklyn Papers on employment law issue, “Heights Chef canned,” April 9, 2001.
Article on “New York CPLR [Civil Practice Law and Rules] Update,” Brooklyn Barrister, April 1998.
Columnist on “Court of Appeals Update,” Brooklyn Barrister.
Richard Klass in the News
Oy! It's Kosher Combat
Top Eatery 'Smear' Rap
By Bill Sanderson
New York Post
March 28, 2007March 28, 2007 -- Everything is kosher at Manhattan's popular Le Marais steakhouse, its owners insist. And they've filed a $10 million lawsuit to bar a former supervisor at the restaurant from saying otherwise.... (more)
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