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Decisions of Interest
Elements of Valid Marriage Not Proven
A woman petitioning to administer her alleged husband's estate over the objection of the deceased's sister was not entitled to summary determination that she was married and thus the sole distributee of the estate because although Family Court determined that the couple were married when they each sought orders of protection from that court, the matter of the validity of the marriage was never argued or decided on the merits, and the elements of a valid New York marriage were not proven. Estate of Weisberg, 2012-3470, NYLJ 1202651628436, at *1 (Surr., NY, Decided April 8, 2014).
The decedent died intestate. His sister, on behalf of her mother, asked to be appointed administrator of the estate, claiming that the decedent's mother was the sole distributee of the estate. Ms. Jannah Geaney cross-petitioned, claiming that she was the sole distributee of the deceased because she and the deceased had been married in an Islamic ceremony on June 21, 2008, and that such a marriage was recognized under New York law. Geaney also asserted that the Surrogate's Court was bound by a Family Court finding that the couple were married. That finding was made in conjunction with the couple's 2012 petitions for orders of protection from one another.
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.