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Features
A recent ruling by the Court of Appeals puts a whole new, and subjective, definition to the term "cohabitation": At the time that the agreement was entered into, what did the parties themselves mean when they stated the word "cohabit"?
In last month's newsletter, the authors looked at the law in New York concerning enforcement of postnuptial agreements. The discussion concludes herein.
Courts continue to differ widely on the issue of the equitable distribution of the appreciation in value of a residence that is the separate property of one party. First in a three-part series.
Features
New York's law on levies of rents pursuant to money judgment is most peculiar. The obligation of a tenant (T) to pay rent runs with the land. Let us call the forward-looking obligation of a tenant to pay rent a "rent receivable." New York law insists that the rent receivable is real property. Once the rent receivable is actually paid, the proceeds are considered the landlord's personal property. Collection of the rent "severs" the dollars from the real property.
Features
According to the author, drawings cannot possibly be viewed as a reliable source of information concerning children's perceptions of themselves, their families, the dynamics within their families, or anything else. Even if it could be demonstrated that the dynamic of projection consistently operates as children produce these drawings, there would still be no basis for relying upon them.
An in-depth look at recent decisions affecting the notion of sole custody.
When presented with a case s/he has not tried, an appellate lawyer may discover that the record on appeal is in horrendous shape. Even if you are not an appellate lawyer, there is a lot you can do to help your client with a possible appeal. This article discusses a number of things a trial attorney can do to minimize the problems.
Recent rulings of interest to you and your practice.