Commercial Law

In two recent cases, the Second Department has dealt with a recurring problem in zoning law: What constraint does precedent place on the decision-making authority of a zoning board of appeals? More particularly, what obligations does a zoning board of appeals (ZBA) have when a landowner applies for a variance or special permit that is substantially similar to a variance or permit the ZBA has previously denied?

Ask any experienced matrimonial lawyer in New York State what valuation date should be used in valuing marital property, and the answer will inevitably be the same: "active" assets and "passive" assets. A look at Mahoney-Buntzman and its impact on valuation.

When an abused child won a nearly $4 million award from her mother in 2007 for the mother's part in failing to protect her from sexual abuse by the stepfather, it would have seemed that all that was left to do was collect. Now, however, the mother, Irene S. Chaffee, has filed for Chapter 7 bankruptcy relief, and she is seeking to have the debt to her daughter discharged. The question now is, "Can this debt be erased?

Childrens' drawings are sometimes treated as evidence of their perceptions of their family relationships. These pictures may be evaluated for insights into whether a child feels emotionally close to parent who is seeking custody or is afraid of a person accused of sexually abusing the child. But are such pictures really "worth 1,000 words"?

The latest news of interest to you and your practice.

In last month's issue, we discussed how Jacob Gunvalson, when denied entry into a clinical trial for a drug that might offer treatment for his terminal disease, sued the drug manufacturer to compel it to seek a "compassionate use" exemption. We conclude with a look at the litigation that ensued.

A special three-judge panel has held tentatively that overcrowding in California prisons presents an unconstitutional risk to inmate health and safety and that the prisoner population must be reduced. The panel has previously found that the prison system's mental health and medical care is so negligent that it is a direct cause of inmate deaths and suicides.

A franchisor has rights and remedies that a secured creditor is not granted under the UCC, but the franchisor, by becoming a competing secured creditor, does not necessarily advance its rights and remedies in a default situation. The inter-creditor agreement and remarketing agreement are alternatives to maximize recoveries and reduce conflicts by cooperation, rather than by litigation.