Development
A look at recent rulings important to you and your practice.
Features
Cooperatives & Condominiums
An in-depth look at recent rulings.
Features
Easements and the 'Stranger to the Deed' Rule
In <i>Cerniglia v. Church of the Holy Name of Mary</i>, decided on April 20, the Second Department confronted an argument about the scope of New York's "stranger to the deed" rule.
Decisions of Interest
'Intimate Relationship' Gives Family Court Jurisdiction over Birth Mother In a case involving a birth mother who allegedly went too far in trying to get her children back from their adoptive mother, Nassau Family Court Judge Julianne S. Eisman determined that Family Court had jurisdiction over the birth mother because her threatening actions constituted a "family offense." M.F. v. K.G. (Family Court, Nassau Cty. 4/1/10) (Eisman, J.). …
Features
Equal Distribution
In last month's issue, we discussed a decision in in which a Supreme Court judge in Manhattan dismissed a divorced man's suit to recover from his ex-wife half of what he lost by taking investments in Bernard Madoff's Ponzi scheme in their divorce settlement. The discussion concludes herein.
Bad Law on Double Dipping
In two recent Second Department cases decided within 30 days of each other, the facts appear similar, yet one case gets the law right, the other gets it completely wrong. While bad law was corrected by the former, it was perpetuated by the latter.
Features
Seller Beware: Delivery of Goods Post-Petition May Cost You
The Eleventh Circuit case <i>In re Delco Oil, Inc. (Marathon Petroleum Co., LLC v. Cohen)</i>, serves as an important reminder for suppliers to monitor a customer's bankruptcy filing and to confirm the rules for doing business before delivering goods to a debtor.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- Assignments and Collateral Assignments of Commercial LeasesWhat Tenants and Landlords Should Know There are differences between assignments of leases and collateral assignments of leases, and each has aspects that parties to these agreements should expect and look out for. Let's discuss some of these issues.Read More ›
- Strategic Uses of a Rule 2004 ExamWhile most bankruptcy practitioners are familiar with the basic concepts behind the Rule 2004 exam, some are less familiar with the procedural intricacies of obtaining, conducting, and responding to the exam ' intricacies that often involve practices and procedures adapted from civil discovery that are beyond the scope of pure bankruptcy practice. This article explains.Read More ›