Cooperatives & Condominiums
In-depth analysis of a recent key ruling.
Stuy Town: Redux in the Desert
The decision of the <i>New York Supreme Court in Bank of America, N.A. v. PSW NYC LLC</i> garnered national attention in 2010. The court ruled that, under the terms of an Intercreditor Agreement in common use in complex real estate loans across the United States, a mezzanine lender could not exercise its rights against its collateral without first paying off senior debt. Now the issue is causing a stir in the Arizona desert.
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Decisions of Interest
Analysis of a recent important ruling.
Split and Shared Custody Arrangements
There are instances in which parents agree to substantially share the children's time between both their households, resulting in the children spending up to 50% of the time with the "noncustodial" parent. The Child Support Standards Act (CSSA) does not address this kind of sharing arrangement, which can lead to inequities.
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Divorce Granted After Trial Proves Irretrievable Breakdown
In what was apparently the first trial of a contested no-fault divorce under New York's recently enacted Domestic Relations Law, Suffolk County Acting Supreme Court Judge James F. Quinn declared a 56-year marriage irretrievably broken and granted the plaintiff wife's request for divorce.
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You Can't Go Back! Or Can You?
In 2009 the Court of Appeals articulated a new rule for Family Law practitioners, referred to by some as the "don't look back" rule. The court in <i>Buntzman</i> simply did not want courts reviewing economic decisions made during the course of a marriage, or attempting to adjust for the fact that certain payments made from separate property may have benefited both spouses ' or even the non-titled spouse alone.
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