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Decisions of Interest
Court Allows Test of Putative Deceased Father's DNA
The Appellate Division, Second Department, has lowered its previously set standard of proof that a putative nonmarital child must satisfy when seeking a DNA test of a deceased parent in order to establish inheritance rights. In re Poldrugovaz, 851 NYS2d 254 (2d Dept. 2/5/08) (Spolzino, J.P., Skelos, Fisher and Dickerson, JJ.).
Petitioner Kim M. Rego sought an order directing the Office of the Chief Medical Examiner of the City of New York to provide 'DNA exemplars' collected from the deceased, George Poldrugovaz, so that she could establish that he was her father. The DNA samples had been taken when the medical examiner was in the process of determining Poldrugovaz's cause of death. The deceased's estate is worth an estimated $500,000 to $750,000, which may be enhanced if his estate receives the wrongful death damages it is seeking from the work site at which Poldrugovaz died. At the time of his death, Poldrugovaz's brother was his only apparent next of kin.
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.