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Decisions of Interest
Property Distribution Made By Foreign Court Not Valid
In an action for a declaration of the validity of a foreign judgment of divorce and for the equitable distribution of marital property, the plaintiff husband's appeal from so much of an order of the Supreme Court, Kings County as granted the defendant's motion to dismiss the complaint pursuant to CPLR 3211(a)(5) on the ground that the action was barred by the doctrine of res judicata was granted. Somma v. Somma, 2005 N.Y. App. Div. LEXIS 6700 (1st Dept. 6/13/05) (Miller, J.P., Schmidt, Adams, Goldstein, JJ.).
The defendant wife obtained a divorce from Delaware family Court in August 2003, and that court ordered distribution of the parties' martial property. However, the Delaware court did not have personal jurisdiction over the husband. The husband therefore sought equitable distribution in the courts of New York.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?