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Decisions of Interest
Dismissal Reversed: Divorce Based on Cruel and Inhuman Treatment
The Supreme Court, Saratoga County, erred in granting defendant husband's motion to dismiss plaintiff's complaint for divorce on grounds of cruel and inhuman treatment, as she had adequately pled and proven grounds for grant of divorce on such basis. Redgrave v. Redgrave, N.Y.L.J., Vol. 229, Pg. P. 18, col. 1, 4/24/03 (Cardona, P.J.; Peters, Spain, Carpinello and Lahtinen, J.J.).
The parties were married in May 1972 and have three children. In May 2001, plaintiff commenced this action for divorce alleging cruel and inhuman treatment and adultery (see Domestic Relations Law ' 170 (1), (4)). At the conclusion of the nonjury trial, the Supreme Court granted defendant's motion to dismiss the complaint. Plaintiff appealed, claiming she had offered sufficient evidence to survive a summary judgment motion as to both the adultery and cruel and inhuman treatment bases for divorce.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.