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Decisions of Interest
Non-Party to Divorce Action Subject to TRO
Even though they were not parties to the matrimonial action, three limited liability companies (LLCs) were properly enjoined from selling their land pursuant to a temporary restraining order issued in a matrimonial action, as the husband in that action was a 50% owner of the LLCs and the LLCs could not act without his acquiescence. Ricatto v. Ricatto, Jacobson, et. al., nonparty appellants (Index No. 19174/02) 2004 N.Y. App. Div. LEXIS 1824 (App. Div., 2d Dept. 2/23/04) (Ritter, J.P.; Miller, Luciano and Townes, JJ.).
The defendant husband in this matrimonial action and the nonparty, David T. Jacobson, each own 50% membership interests in three limited liability companies that hold title to certain real property in Manhattan. A temporary restraining order issued by Supreme Court, Kings County, dated March 14, 2002, temporarily enjoined the defendant from, inter alia, disposing of or diminishing his interest in these LLCs. The TRO was filed with the City Register of the City of New York. Jacobson and the LLCs (the appellants here) moved for an order declaring that the TRO did not apply to the LLCs and directing the removal of the TRO from the files of the City Register insofar as it referred to the LLCs' properties. Supreme Court granted the motion only to the extent of directing the City Register to remove from its files that portion of the TRO that affected one piece of property, so that it could be sold. However, the Supreme Court directed that if any new property were obtained as a result of a “like exchange” purchase, the new property would be subject to the TRO.
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.