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Features
It should not be surprising that in a weak real estate market, developers would seek new sources of revenue. One recent source has generated controversy across the country ' requiring buyers to agree, for themselves and their assigns, to pay a fee upon each resale of the property. These transfer fee covenants raise a number of practical problems, not the least of which is the underlying legal question: Are they enforceable?
Features
Court Denies Joinder of Action That Would Delay Child Support Supreme Court, Nassau County, denied a father's attempt to join his child support obligation termination request to the mother's motion to have him held in contempt for failure to pay, as joinder would delay the proceedings, to the detriment of the children. BJG v. MDG, --- N.Y.S.2d ----, 2010 WL 3384903 (Sup. Ct., Nassau Cty., 8/31/10) (Falanga, J.). …
Features
In last month's newsletter, we looked at two recent cases in which New York courts determined that non-biological/non-adoptive parents could or could not seek ongoing relationships with their former romantic partners' children. The question that arises when looking at these two outcomes is, in which situations will a "virtual parent" be treated as a legal parent?
Features
Part One of this article described problems arising out of the substitution of experts, and discussed some recent case law. The conclusion herein presents some suggested ways of dealing with the situation.
Features
At press time, the California Supreme Court was considering a case that could impose a duty to warn on the manufacturer of one product for hazards associated with other products that are manufactured and sold by third parties.
Features
Is there a legal difference between an audio and video recording of someone, compared with a video recording of someone? Moreover, if the recording is not sent electronically, but stored at the location of the recorded individual, is it still a violation of the wiretapping statute?
Features
The requirements placed on corporate America as a result of increasingly labyrinthine consumer protection laws have created significant new potential liabilities, often in the form of statutorily mandated damages.