Latest news with #NewYorkCourtofAppeals
Miami Herald
02-07-2025
- Business
- Miami Herald
What Does FAPA Stand For? Petroff Amshen LLP Explains the New York Foreclosure Abuse Prevention Act
For New York homeowners facing foreclosure, a powerful legal reform is shifting the balance. The Foreclosure Abuse Prevention Act ("FAPA"), signed into law in December 2022, has introduced substantial new protections that limit abusive litigation practices by lenders. But many consumers are still asking: What does FAPA stand for-and how does it work? NEW YORK CITY, NY / ACCESS Newswire / July 1, 2025 / Petroff Amshen LLP, a law firm focused on consumer protection and foreclosure defense, is shedding light on the scope and impact of FAPA in New York, and how it is already helping homeowners regain leverage in long-running foreclosure cases. What Does FAPA Stand For? FAPA stands for the Foreclosure Abuse Prevention Act-a state law designed to end lender tactics that exploit procedural loopholes to restart or extend foreclosure cases indefinitely. Before FAPA, banks and mortgage servicers could manipulate the timeline of a foreclosure by voluntarily pausing and re-filing cases, effectively resetting the statute of limitations. This left many homeowners in limbo, facing lawsuits years after they believed the matter was resolved or abandoned. Now, under FAPA New York, this kind of procedural abuse is no longer allowed. The law restores fairness and finality to the foreclosure process by: Clarifying how and when the six-year statute of limitations is triggeredPreventing lenders from revoking their decision to accelerate a mortgage simply to extend the time to sueLimiting the ability to refile foreclosure actions on the same defaultReversing and codifying prior decisions from the New York Court of Appeals into state law Why FAPA Matters for Homeowners The passage of FAPA has immediate implications for thousands of New York homeowners who are either in foreclosure or at risk. For many, the law may mean a foreclosure action is now time-barred, making it subject to dismissal under New York's six-year limit on mortgage enforcement. "FAPA was passed because the system was being abused-and homeowners were paying the price," said Steven Amshen, Founding Partner of Petroff Amshen LLP. "This law is about restoring balance and giving families a real defense against endless litigation." How Petroff Amshen LLP Uses FAPA to Defend Homeowners Petroff Amshen LLP has already leveraged FAPA in active foreclosure litigation, helping clients challenge cases that exceed the statute of limitations. Their approach includes: Reviewing the entire history of the foreclosure process to identify timeline violationsChallenging lenders' claims when deadlines have expiredFiling motions to dismiss cases under FAPA groundsPursuing broader legal relief where appropriate, including cancellation of mortgages through Article 15 actions The firm represents clients across New York who have been entangled in foreclosure actions for years-many of whom were previously told there was no legal path forward. Know Your Rights Under FAPA - New York If you're currently facing foreclosure or have been re-sued on a mortgage years after the first filing, you may have legal grounds for dismissal. FAPA in New York may apply even if previous cases were discontinued or dismissed. Petroff Amshen LLP urges homeowners to have their cases reviewed by attorneys who understand this law and its power to stop wrongful foreclosure actions. Stay Informed. Stay Protected. Stay Connected. Petroff Amshen LLP shares legal updates, court decisions, and consumer-focused resources to help New Yorkers protect their homes. With nearly two decades of experience in foreclosure defense, the firm continues to lead in applying new laws like FAPA for the benefit of everyday homeowners. Follow Petroff Amshen LLP for updates on FAPA and foreclosure defense: Instagram: @petroffamshen Facebook: Petroff Amshen LLP LinkedIn: Petroff Amshen LLP | New York Contact Information Gabriel Botero Media Relationsmedia@ 336-4200 SOURCE: Petroff Amshen LLP press release
Boston Globe
16-06-2025
- General
- Boston Globe
Supreme Court order gives religious organizations new chance to challenge New York abortion rule
The Roman Catholic Diocese of Albany and other church groups challenged the rule. It's the second time the nation's highest court has sent the case back to New York courts. Last year, the New York Court of Appeals upheld the regulation after taking into account the Supreme Court's unanimous ruling in 2021 in favor of a Catholic foster care agency in Philadelphia that refused to work with same-sex couples because of its religious opposition to same-sex marriage. Advertisement
Perth Now
12-06-2025
- Entertainment
- Perth Now
Judge declares mistrial at Harvey Weinstein rape trial
The judge overseeing Harvey Weinstein's criminal trial in Manhattan has declared a mistrial on a rape charge against the former Hollywood movie mogul, after one of the jurors refused to continue deliberations. The mistrial came a day after the jury convicted Weinstein on a separate sex abuse charge. It also acquitted him on a different sex abuse charge. Weinstein, once one of the most powerful figures in Hollywood, faced a retrial that began on April 23 after a New York state appeals court last year overturned his 2020 conviction. He was accused by prosecutors in this case of raping an aspiring actress and assaulting two other women. Weinstein, 73, pleaded not guilty and has denied assaulting anyone or having non-consensual sex. The jury found Weinstein guilty on one of the three counts he faced, which stemmed from his alleged assault of former production assistant Miriam (Mimi) Haley in 2006. The jury found Weinstein not guilty of a charge stemming from his alleged assault of Kaja Sokola in 2002 when she was a 16-year-old aspiring actress. Supreme Court Justice Curtis Farber declared a mistrial after the judge said the jury could not reach a verdict on a third count, which charged him with raping aspiring actress Jessica Mann in 2013. Weinstein faces up to 25 years in prison when he is sentenced. He has separately been sentenced to 16 years in prison following a rape conviction in California. In a startling development on Wednesday, the jury foreperson told Farber that other members of the panel were shouting at him and threatening him for refusing to change his vote on the rape count. Farber sent jurors home for the day to give them time to cool down and instructed the foreperson to arrive in court separately on Thursday. In closing arguments on June 3, the prosecution told the 12 jurors that the evidence showed how Weinstein used his power and influence to trap and abuse women. The defence countered that the accusers lied on the witness stand out of spite after their consensual sexual encounters with the Oscar-winning producer failed to result in Hollywood stardom. A jury found Weinstein guilty in February 2020 of raping Mann and sexually assaulting Haley. Sokola's allegation was not part of that case. The conviction was a milestone for the #MeToo movement, which encouraged women to come forward with allegations of sexual misconduct by powerful men. But the New York Court of Appeals, the state's highest court, threw out that conviction in April 2024. It said the trial judge erred by letting women testify that Weinstein had assaulted them, though their accusations were not the basis of the criminal charges. Though the conviction was thrown out, Weinstein, who has had a litany of health problems in recent years and attended the retrial in a wheelchair, has remained behind bars because of his California conviction. He is appealing that verdict. More than 100 women, including famous actresses, have accused Weinstein of misconduct.
Straits Times
12-06-2025
- Entertainment
- Straits Times
Judge in Harvey Weinstein trial declares mistrial on rape charge following sex abuse conviction
Harvey Weinstein's case continues with his retrial in New York, June 11, 2025 Steven Hirsch/Pool via REUTERS The judge overseeing Harvey Weinstein's criminal trial in Manhattan on Thursday declared a mistrial on a rape charge against the former Hollywood movie mogul, after one of the jurors refused to continue deliberations. The mistrial came a day after the jury convicted Weinstein on a separate sex abuse charge. It also acquitted him on a different sex abuse charge. Weinstein, once one of the most powerful figures in Hollywood, faced a retrial that began on April 23 after a New York state appeals court last year overturned his 2020 conviction. He was accused by prosecutors in this case of raping an aspiring actress and assaulting two other women. Weinstein, 73, pleaded not guilty and has denied assaulting anyone or having non-consensual sex. The jury found Weinstein guilty on one of the three counts he faced, which stemmed from his alleged assault of former production assistant Miriam Haley in 2006. The jury found Weinstein not guilty of a charge stemming from his alleged assault of Kaja Sokola in 2002 when she was a 16-year-old aspiring actress. Supreme Court Justice Curtis Farber declared a mistrial after the judge said the jury could not reach a verdict on a third count, which charged him with raping aspiring actress Jessica Mann in 2013. Weinstein faces up to 25 years in prison when he is sentenced. He has separately been sentenced to 16 years in prison following a rape conviction in California. In a startling development on Wednesday, the jury foreperson told Farber that other members of the panel were shouting at him and threatening him for refusing to change his vote on the rape count. Farber sent jurors home for the day to give them time to cool down and instructed the foreperson to arrive in court separately on Thursday. In closing arguments on June 3, the prosecution told the 12 jurors that the evidence showed how Weinstein used his power and influence to trap and abuse women. The defense countered that the accusers lied on the witness stand out of spite after their consensual sexual encounters with the Oscar-winning producer failed to result in Hollywood stardom. A jury found Weinstein guilty in February 2020 of raping Mann and sexually assaulting Haley. Sokola's allegation was not part of that case. The conviction was a milestone for the #MeToo movement, which encouraged women to come forward with allegations of sexual misconduct by powerful men. But the New York Court of Appeals, the state's highest court, threw out that conviction in April 2024. It said the trial judge erred by letting women testify that Weinstein had assaulted them, though their accusations were not the basis of the criminal charges. Though the conviction was thrown out, Weinstein, who has had a litany of health problems in recent years and attended the retrial in a wheelchair, has remained behind bars because of his California conviction. He is appealing that verdict. More than 100 women, including famous actresses, have accused Weinstein of misconduct. He co-founded the Miramax studio, whose hit movies included such Academy Award winners as "Shakespeare in Love" and "Pulp Fiction." Weinstein's own eponymous film studio filed for bankruptcy in March 2018, five months after sexual misconduct accusations against him became widely publicized. REUTERS Join ST's Telegram channel and get the latest breaking news delivered to you.
Yahoo
12-06-2025
- Entertainment
- Yahoo
Judge in Harvey Weinstein trial declares mistrial on rape charge following sex abuse conviction
By Jack Queen and Jonathan Stempel (Reuters) -The judge overseeing Harvey Weinstein's criminal trial in Manhattan on Thursday declared a mistrial on a rape charge against the former Hollywood movie mogul, after one of the jurors refused to continue deliberations. The mistrial came a day after the jury convicted Weinstein on a separate sex abuse charge. It also acquitted him on a different sex abuse charge. Weinstein, once one of the most powerful figures in Hollywood, faced a retrial that began on April 23 after a New York state appeals court last year overturned his 2020 conviction. He was accused by prosecutors in this case of raping an aspiring actress and assaulting two other women. Weinstein, 73, pleaded not guilty and has denied assaulting anyone or having non-consensual sex. The jury found Weinstein guilty on one of the three counts he faced, which stemmed from his alleged assault of former production assistant Miriam Haley in 2006. The jury found Weinstein not guilty of a charge stemming from his alleged assault of Kaja Sokola in 2002 when she was a 16-year-old aspiring actress. Supreme Court Justice Curtis Farber declared a mistrial after the judge said the jury could not reach a verdict on a third count, which charged him with raping aspiring actress Jessica Mann in 2013. Weinstein faces up to 25 years in prison when he is sentenced. He has separately been sentenced to 16 years in prison following a rape conviction in California. In a startling development on Wednesday, the jury foreperson told Farber that other members of the panel were shouting at him and threatening him for refusing to change his vote on the rape count. Farber sent jurors home for the day to give them time to cool down and instructed the foreperson to arrive in court separately on Thursday. In closing arguments on June 3, the prosecution told the 12 jurors that the evidence showed how Weinstein used his power and influence to trap and abuse women. The defense countered that the accusers lied on the witness stand out of spite after their consensual sexual encounters with the Oscar-winning producer failed to result in Hollywood stardom. A jury found Weinstein guilty in February 2020 of raping Mann and sexually assaulting Haley. Sokola's allegation was not part of that case. The conviction was a milestone for the #MeToo movement, which encouraged women to come forward with allegations of sexual misconduct by powerful men. But the New York Court of Appeals, the state's highest court, threw out that conviction in April 2024. It said the trial judge erred by letting women testify that Weinstein had assaulted them, though their accusations were not the basis of the criminal charges. Though the conviction was thrown out, Weinstein, who has had a litany of health problems in recent years and attended the retrial in a wheelchair, has remained behind bars because of his California conviction. He is appealing that verdict. More than 100 women, including famous actresses, have accused Weinstein of misconduct. He co-founded the Miramax studio, whose hit movies included such Academy Award winners as "Shakespeare in Love" and "Pulp Fiction." Weinstein's own eponymous film studio filed for bankruptcy in March 2018, five months after sexual misconduct accusations against him became widely publicized.
