| Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | | Should Animals Be Allowed to Sue? | | SHERRY F. COLB |  | | Cornell law professor Sherry F. Colb comments on case in which Animal Legal Defense Fund (ALDF) brought a civil damages suit on behalf of an abused horse, now named Justice, against the horse’s former owner. Colb dismantles three arguments critics raise in opposition to recognizing abused animals as plaintiffs in lawsuits such as this one. | | Read More |
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US Court of Appeals for the Second Circuit Opinions | | CIT Bank N.A. v. Schiffman | | Docket: 18-3287 Opinion Date: January 28, 2020 Judge: Robert A. Katzmann Areas of Law: Banking, Real Estate & Property Law | | In a foreclosure action, the Second Circuit certified the following two questions to the New York Court of Appeals: (1) Where a foreclosure plaintiff seeks to establish compliance with RPAPL 1304 through proof of a standard office mailing procedure, and the defendant both denies receipt and seeks to rebut the presumption of receipt by showing that the mailing procedure was not followed, what showing must the defendant make to render inadequate the plaintiff's proof of compliance with section 1304? (2) Where there are multiple borrowers on a single loan, does RPAPL 1306 require that a lender's filing include information about all borrowers, or does section 1306 require only that a lender's filing include information about one borrower? | | |
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