In <i>Rosario v. Diagonal Realty, LLC</i> (<i>infra</i>), the Court of Appeals addressed an issue that has perplexed New York courts since Congress amended the section 8 housing program almost ten years ago: Can a landlord terminate its participation in the program at the expiration of a rent-stabilized lease? The Court of Appeals held that the rent stabilization code prohibits termination, and that federal law does not pre-empt the code.
Is there a trend in child support modification matters? The cases we looked at in last month's newsletter granting an upward modification of child support appear clearly to be the exceptional ones.
Jurisdiction in a matrimonial action has several statutory components requiring the repeated cross-application of the Civil Practice Law and Rules with the Domestic Relations Law (DRL). Knowledge of the statutes' interplay becomes especially essential to the matrimonial attorney when seeking to affect the status of the marriage and obtain jurisdiction over a non-resident.
The author has spent some considerable time reading and re-reading the Court of Appeals' decision in <i>Keane v. Keane</i>, 3 NY3d 115 (2006), but cannot quite get it. He realizes fully that the court's word on this is the final one ' 'for now.'
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
