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'No Fault' Divorce
In October 2004, I wrote a column for The New York Law Journal outlining the status of “no fault” divorce in the State of New York (Lee Rosenberg, Outside Counsel, “Is the Time Ripe for No-Fault Divorce?” NYLJ 10/20/04 at 4, col 4). In the interim between then and now, we still await consideration of the proposed legislation submitted by the Family Law Section of the New York State Bar Association urging the enactment of a long-overdue no fault statute.
As it stands, many courts that remain constrained by the existing statute (DRL ” 170 and 220), particularly in the Third Department, continue to deny parties their divorces, usually for failure to meet the criteria for the establishment of cruel and inhuman treatment. See, eg, Gerber v. Gerber, __ AD3d __ , 2005 N.Y. Slip Op. 01424, (3d Dept. Feb. 24, 2005); Jacob v. Jacob, 8 AD3d 725 (3rd Dept., 2004) Omahen v. Omahen, 289 AD2d 890 (3rd Dept. 2001); Murphy v. Murphy, 257 A.D.2d 798 (3d Dept. 1999); Doyle v. Doyle, 214 AD2d 918 (3rd Dept. 1995) lv. den. 87 NY2d 809, (1995). See also, Archibald v. Archibald, __ AD3d __, 2005 NY Slip Op. 01152 (2d Dept. 2/14/05); D.A. v. B.E., 2005 NY Slip Op 50281(U), (Sup Ct. Queens Cty. 1/2705) (Lebowitz, J.)
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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."