Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Economic Abuse May Be Recognized By New York Courts

By Nancy Erickson

In 2002, the Appellate Division, Second Department, handed down what could be seen as an extremely significant decision in a custody case involving domestic violence ' Wissink v. Wissink, 301 AD2d 36 (2d Dept. 2002). Quoting New York Domestic Relations Law (DRL) Section 240 (1)(a), the Wissink court told the trial courts it expected them to pay careful attention to the legislature's mandate that in custody and visitation cases “the court must consider the effect of ' domestic violence upon the best interest of the child.”

The primary thrust of the Wissink case was to emphasize the need for careful evaluation of the psychological effects of domestic violence on the child, using up-to-date research and methodology. See Judith Reichler & Nancy S. Erickson, Custody, Domestic Violence, and a Child's Preference, NY Law Journal, April 24, 2003, page 4, col. 4. In a little-noticed paragraph of the decision, however, the court held that evidence of certain economically abusive behavior was relevant in a custody case and should not be excluded. This is a very important holding that should be examined by judges and attorneys and applied in other cases.

Read These Next
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

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.

The Article 8 Opt In Image

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.

Major Differences In UK, U.S. Copyright Laws Image

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.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

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 Image

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.