Where is Blackacre anyway???

My Favorite Three Words This Morning: Powermonkeys are "Out for Delivery"

I am an admitted tech geek. I am always seeking and evaluating the next big thing - especially if it is going to make me more efficient and/or free me from the constraints of an office.  That is where my two newest purchases come in: the Verizon MiFi 2200 and the Power Monkey Classic v2.

The Verizon MiFi 2200 allows you to become your own hot spot network (for up to 5 devices no less!) for wireless internet access.  Your personal hot spot has 3G access through Verizon's network.  I can't tell you how many times I have my net book and if there is a wireless internet signal, it is secured. The Verizon MiFi creates a wireless network for you anywhere you can access the Verizon 3G network (which has fantastic coverage).  So, you can revise that contract at the beach and enjoy the outdoors. You can pick up this baby for a cool $99 and the monthly service runs approximately $60.00.  That service includes 5gig of bandwidth a month which should be more than enough unless you are downloading/watching videos etc.

The problem all of us encounter at one time or another is "low battery".  I wish these companies would create a larger capacity battery (especially on the iTouch - that runs out ridiculously fast!).  But, until they do, you can solve this problem easily with a Power Monkey.  This sleek little device is powered by a rechargeable lithium battery and will give you approximately an additional 40 hours on your mobile tech toy (be it a blackberry, iTouch, etc.).  It comes with a slew of adapters to power almost any device.  I ordered 4 - one for each of us in my family as we are constantly recharging and it gets annoying.  At approximately $60.00 each, everyone should have one!

So look for me on the beach, with my new toys in hand, working on contracts and closing statements!

Real Estate Law Update: New York State Decisions of Interest

JOHNSON v. MELNIKOFF, 2008-08857 [2d Dept 8-4-2009] 2008-08857

Decided on August 4, 2009.

In an action, inter alia, pursuant to RPAPL article 15 to determine title to real property, the defendant Bank of New York Trust Company, N.A., appeals, as limited by its notice of appeal and brief, from so much of an order of the Supreme Court, Kings County (Demarest, J.), dated September 11, 2008, as granted that branch of the plaintiff's motion which was for summary judgment declaring that its mortgage on the subject property is null and void, and denied that branch of its cross motion which was for ...

DECISION & ORDER In December 1998, the plaintiff purchased the subject property. She financed her purchase with a mortgage loan. In April 2004, the plaintiff had certain discussions with representatives of a company allegedly offering services for refinancing mortgage loans. Two months later, the plaintiff, believing that she was signing documents that would effectuate a refinancing of her mortgage loan, unwittingly executed a deed conveying title to the subject property to ...

MAIORINO v. GALINDO, 2008-06047 [2d Dept 8-4-2009] 2008-06047

Decided on August 4, 2009.

In an action, inter alia, to impose a constructive trust on certain real property, the defendants Steve Galindo, Michael Madia, James Napolitano, Demo Works, Inc., Kitchen Designs by Dependable, Inc., and "ABC Corp.," as successor in interest to Kitchen Designs by Dependable, Inc., appeal, as limited by their notice of appeal and brief, from so much of an order of the Supreme Court, Nassau County (Warshawsky, J.), dated May 22, 2008, as denied those branches of the defendants' motion which were to ...

DECISION & ORDER The plaintiff, Edward Maiorino, who was a 50% shareholder in the defendant Demo Works, Inc. (hereinafter Demo), alleged, inter alia, that the defendant Steve Galindo, who was also a 50% shareholder in Demo, improperly diverted assets of Demo to improve real property in Bethpage (hereinafter the Bethpage property). The defendant Michael Madia had purchased the Bethpage property in his own name and financed the purchase by obtaining mortgages for the full purchase ...

BYRON v. HAAS, 2008-01977 [2d Dept 7-28-2009] 2008-01977

Decided on July 28, 2009.

In an action to recover damages for fraud and breach of contract, the plaintiff appeals, as limited by her brief, from so much of an undated order of the Supreme Court, Kings County (Schmidt, J.), as granted that branch of the cross motion of the defendant John Spanakos pursuant to CPLR 3211(a)(7) which was to dismiss the complaint insofar as asserted against him and, in effect, upon searching the record, dismissed the complaint in its entirety insofar as asserted against the defendants Michelle Haas, ...

The plaintiff commenced the instant action to recover her commission asserting fraud and breach of contract theories of liability, and the defendant John Spanakos counterclaimed against her to recover damages for libel per se and malicious prosecution. The plaintiff moved, pursuant to CPLR 3211(a)(7) and CPLR 3016(a), to dismiss the counterclaims, and Spanakos cross-moved, pursuant to CPLR 3211(a)(7), to dismiss the complaint insofar as asserted against him. The Supreme Court ...

LEIST v. TUGENDHAFT, 2009-03562 [2d Dept 7-21-2009] 2009-03562

Decided on July 21, 2009.

DECISION & ORDER The plaintiff commenced this action, inter alia, for specific performance of a purported contract for the sale of real property and filed a notice of pendency against the defendants' beachfront property located in Westhampton, New York. The purported contract consisted of a "Memo of Sale," subscribed by no one, sent as an attachment to an e-mail from the defendants'"listing agent" to the plaintiff's attorney. The plaintiff wrote on the memo of sale that he unconditionally accepted ... General Obligations Law ' 5-703(2) states that a contract for the sale of real property "is void unless the contract or some note or memorandum thereof, expressing the consideration, is in writing, subscribed by the party to be charged, or by his lawful agent thereunto authorized by writing." Assuming, arguendo, that an e-mail is sufficient to comply with the statute of frauds with respect to contracts for the conveyance of real property (see General Obligations Law ' 5-703[ 2]; ...