Real Property Law
Recent rulings of interest to you and your practice.
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A complete, easy-to-use listing of what's inside the newsletter.
Applicability of the Interstate Land Sales Act in New York
In two recent cases, sponsors in New York State, the state that has the most complex regulatory scheme for the sale of condominiums in the United States, have been found to have failed to comply with the less rigorous disclosure mandated by the Interstate Land Sales Act ("ILSA").
Decisions of Interest
Though NY Would Continue Child Support, CT Law Prevails In an unreported decision, Supreme Court, Westchester County, dismissed an action seeking continued payment of child support in accordance with New York law, as the child support order was issued by a Connecticut court and the father's discontinuance of payment was in accordance with Connecticut law. E.A. v. R.A., 28 Misc.3d 1239(A), Slip Copy, 2010 WL 3703271 (Table) N.Y.Sup.,2010 (Connolly, J.). …
Bankruptcy Court Must Handle Ex-Wife's Bid for Future Support Payments
The attempt of the ex-wife of jailed attorney Marc S. Dreier to collect $7 million in support from his bankruptcy estate suffered a setback in October. Refusing to lift an automatic stay in the case, Southern District Chief Bankruptcy Judge Stuart M. Bernstein held that Elisa Dreier was not entitled to have a state judge decide whether Mr. Dreier's non-compliance with a separation agreement accelerated all of the support obligations payable under the pact.
Custody Awards and 'Zones of Decision-Making'
The overriding policy that governs New York law with regard to custody determinations is that "there shall be no prima facie right to the custody of the child by either parent but the court shall determine what is for the best interests of the child." In more recent years, New York courts have divided "spheres," or "zones of decision-making," between the parents, in addition to determining the physical custody of the child.
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