Showing posts with label litigation. Show all posts
Showing posts with label litigation. Show all posts

Tuesday, October 29, 2019

THE RENT LAWS OF 2019 - AMENDMENT TO LANDLORD & TENANT LAW IN NEW YORK

Last summer governor Andrew Cuomo has signed the new package of landlord and tenant laws and regulations, significantly improving the situation of residential tenants in the state of New York, and more importantly, in New York City. Collection of new laws and regulations is known under the name of the Statewide Housing Security and Tenant Protection Act of 2019, or by a short name of the Rent Laws of 2019.
The 2019 Rent Laws lengthens the process of eviction (known as holdover proceedings) as well as recovery of owed rent (known as nonpayment proceedings).
Regarding nonpayment proceedings, instead of 3 or 5 day notice of nonpayment of rent, now landlord has to serve on tenant (by a process server) 14 day notice of nonpayment, warning tenant that in case of nonpayment of the owed rent within the 14 day period, landlord would file a summary nonpayment proceeding with appropriate landlord and tenant court. Besides, prior to service of 14 day notice of nonpayment, landlord has to mail to tenant, by certified mail, a letter advising the tenant about his or her failure to pay the rent for a period of at least 5 day or longer. The rules are unclear whether the notice of failure to pay the rent for 5 or more days should be mailed to tenant prior or after the service of  14 day notice of nonpayment. Like before, in case of tenant's failure to pay the owed rent within 14 days, landlord then has to file nonpayment petition with the clerk of appropriate landlord and tenant court, and then has to serve it by a process server on tenant. However, tenant's time to answer the nonpayment petition has now been lengthened from 5 to 10 days. Also, in case of marshal's eviction notices being served upon tenant, the latter has now a longer period of time to make yet another application to landlord and tenant court to demand stopping of the eviction, provided the tenant has a reasonable basis for the application.

Janusz Andrzejewski is a New York City based attorney writing on the law and other community important topics. You can reach him at (212) 634-4250, or through e-mail: jwandrzejewski@gmail.com or janusz@januszandrzejewski.com

Friday, January 23, 2015

TO FIX ITS LAGGING EDUCATION, THE U.S. SHOULD TAKE A CLOSE LOOK AT POLAND'S SUCCESFUL FORMULA

Poland remains a success story not only with its economy, but even more so, with its educational system, which in the past decade has moved sharply forward from the rear of international pack, and beats now the U.S. on most performance measures. Poland's success has not only been noticed by international educational organizations, but also by American newspapers, i.e. by USA Today, which took a close look last August at Polish education's reform. Apparently, Poland has now the fourth-highest number of higher education students in Europe, only behind the U.K., Germany and France. In reading, Poland is ahead of the U.K., Germany or France, and far ahead of the U.S.. Poland surpassed the U.S. even in math, by placing 19th on a survey by Organization for Economic Cooperation and Development (OECD) whereas the U.S. was ranked at 27th place, well below average.
Pursuant to last year's Pearson's Global Education Index,  the U.S. is ranked in 14th place globally in cognitive skills and educational attainment, whereas Poland, which surpassed the U.S., leaped to 10th place in the world. Following are the top 10 countries in the Pearson's ranking: South Korea, Japan, Singapore, Hong Kong, Finland, United Kingdom, Canada, Netherlands, Ireland and Poland (Germany, Denmark and Russia are ahead of the U.S., too).
Poland's curriculum is mostly based on the effects of the education - not just what the students know but what they can do, and how they can use their knowledge practically. Poland started the revamping of its educational system only in 1998, approximately 10 years after the fall of communism, when the country already was flying in the aftermath of market reforms, and deregulation and privatization made Poland's economy one of Europe's fastest growing. But Poland's schools in that period of revamping of its economy still continued to rely on old course materials, with education putting emphasis on producing technicians and vocational workers for heavy industries. Miroslaw Handke, then Minister of Education, got a green light, and with remarkable speed, in a year, academia in Poland was unrecognizable. Poland switched its educational system to a new form of general education that resisted specialization. A year later, in 2000, Poland began leap to the international league tables. By 2012, the last time OECD conducted its survey, Poland was one of the best teaching countries in the world. In fact, its the only one to have gone from below average in the charts, to above average, with its GDP ranking only 46th globally. On key indicators - math, science and reading, it came from behind to rank well ahead of the United States. How did Poland manage to do so? Well, under the revamped system, primary school lasts six years, followed by three years of a new comprehensive lower secondary school, before a decision is made on whether to send a student to vocational training. Knowledge - reading, writing, arithmetic - is valued above technical skill. Foreign language, especially English - became a key component. In 2000 only 1 percent of kids received four hours or more of language classes. By 2006 that figure jumped to 76 percent.
Notwithstanding the success in education, Poland spends only around $5,000 per student annually from primary to tertiary education, but outperforms the United States, which spends three times more than Poland on education of one student. Of course, a part of the educational success is based in the socialist past, when Poland's education system went through its first wide and deep modernization.
The economy in Poland continues to be strong. In fact, Poland was the only European country which did not succumb to 2009 recession (in fact, it registered, as the only country in Europe, a 1.6% growth in 2009). January, 2015 indicators show a booming economy, with over 8 percent growth. However, Poland still remains a low payer for teachers, approximately $650 per month, compared with the national average of all workers of $945 per month (of course, one has to remember that education, healthcare and the rest of social safety net are still provided in Poland free of charge). Obviously, Poland will have to upgrade the salaries of their teachers rather sooner than later. There are also some unexpected sides to the educational success of Poland, i.e. Poland's rapid development of foreign language training has a negative side effect. Many Poles are leaving home to gain skills abroad. While it generally helps the technology sector, if they return, many of them never do, preferring to stay in the U.K., Norway, Germany, Netherlands, France or Austria, where they can count on higher wages. But despite the negative effect of losing so many of creative and energetic young people to economies of Western Europe, Poland's educational system is an example to the whole world, and a stellar proof that its not just the money that makes good students.

Janusz Andrzejewski, a New York City based attorney, writes on legal and other important community topics. You can contact him by telephone (212) 634-4250 or, through e-mail: janusz@januszandrzejewski.com or jwandrzejewski@gmail.com

Friday, July 25, 2014

MY AFTERNOON PROBLEMS WITH LIPITOR

My recent problem is how to stay alert at my work at 4 p.m. when all the excitements of courts are gone for the day and levels of energy are drained of me, while coffee seems not to help anymore in keeping me from falling asleep. For a long time I thought it has something to do with getting older, but it turned out to be a premature trail. Accidentally though, I have uncovered the real reason of my constant losses with the afternoon slumber: it's my cholesterol medication in the form of atorvastatin, known more widely under the name of lipitor. It seems there are many people online exchanging the problems caused by the usage of statins, of which atorvastatin, the medication invented by Bruce Roth, is the most widely used. Atorvastatin, or Lipitor, was acquired by the company Warner-Lambert, who in 2000 was purchased by Pfizer. Pfizer in 2013 had total assets of $172 billion and total equity of over $76 billion, whereas its 2013 revenues reached the figure of over $51 billion, and net income reached $22 billion. On November 30, 2011, Pfizer's patent expired and Watson Pharmaceuticals and Ranbaxy Laboratories started to produce the generic atorvastatin, but the prices did not fall considerably. Only in May,2012 when other companies started to supply the generic form of the drug, the prices of atorvastatin fell down to the level of $10. Many people suffer from various side effects of atorvastatin, supposedly some people even develop heart attacks or have strokes. Mine problems, at present time, seem to be limited to falling asleep in late afternoon and to headaches, although I have to admit that my liver has been in much better shape before I started to use atorvastatin, more than 10 years ago. I wonder what and when can be done about almost absolute power the big pharmaceutical companies have with respect to approval of new drugs by FDA. How is it that the research of the side effects of the new drugs, by the doctors and scientists on the payroll of the pharmaceutical giants, can decide about the certification of the new drugs by FDA?

Janusz Andrzejewski, an attorney based in New York City, writes on legal and other community important topics. You may contact him through telephone (212-634-4250
or, by e-mail: janusz@januszandrzejewski.com