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Decisions of Interest
Pension vs. Disability: Court Says It Doesn't Matter
A husband's appeal of the denial of his motion to vacate a qualified domestic relations order (QDRO) was unsuccessful, as the terms of the settlement agreement unambiguously provided for an equal division of the husband's pension without reference to whether the pension was disability or normal retirement, and the husband was well aware at the time he entered into the agreement that he might be retired due to disability. Pulaski v. Pulaski, 2005 NY Slip Op 8094 (2d Dept. 10/31/05) (Florio, J.P., Luciano, Skelos, Lifson, JJ.).
The parties were divorced in September 1997. The judgment of divorce incorporated but did not merge the terms of a February 1997 stipulation of settlement. Article X of the stipulation provided, inter alia: “[T]he Husband's pension shall be divided equally by the parties by way of a Qualified Domestic Relations Order and under the Majauskas (61 NY2d 481) formula. Any loans or advances taken by the husband from commencement of the divorce action forward will be deducted from the husband's final share in said pension QDRO … except to the extent provided in this agreement, the parties mutually waive their rights and release each other from any claims for distribution of marital property, distributive awards, special relief or claims regarding separate property or increase in the value thereof.”
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.
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.
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.