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In-depth analysis of a recent key ruling.
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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Analysis of a recent important ruling.
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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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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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.
