Features
Adult Use Amendments Held Unconstitutional
<i>Ten's Cabaret, Inc. v. City of New York,</i> decided last month (NYLJ 9/16/03, p. 18, col. 1), represents the latest skirmish in the long-term battle between the City of New York and owners of adult establishments over the city's efforts to regulate the location (and ultimately the number) of adult uses in the city. In <i>Ten's Cabaret</i>, Justice York of New York County Supreme Court held that the city's 2001 amendment to its zoning resolution &mdash enacted to counteract evasion of the provisions in the then-existing ordinance &mdash failed to pass constitutional muster because the city had not conducted any studies to demonstrate the need for the amendment.
Features
Cooperatives & Condominiums
Recent decisions of importance to you and your practice.
Features
Real Property Law
Recent decisions of importance to you and your practice.
Landlord & Tenant
Recent decisions of importance to you and your practice.
Features
Litigation
Recent rulings of importance to your practice.
The Marital Estate: Stock Options and Restricted Stock
Stock options became a large part of many marital estates involved in marriage dissolution during the "bubble" of the late 1990s. As one would expect, the courts struggled with the issues this new situation presented, primarily what options were to be included in the marital estate.
Features
Hearsay Exception Used in Abuse Case
A child who is too young to testify against her alleged abuser may speak through her mother, under an unusual application of an exception to the hearsay rule. A judge in upstate New York has ruled that the mother of a 3-year-old girl can testify about what the child told her in complaining that the mother's boyfriend had fondled her. The child had awakened her mother to tell her of the assault.
Features
How to Get Paid for Your Services and Enjoy Practicing Family Law
The practice of family law can be fulfilling and profitable if you ensure that your clients pay you. If you are paid for your work, your practice will be successful and you will be happy; if you are not paid for your services, you will abhor family law.
Term Life Insurance in Divorce Cases: A New Deal
As circumstances change, matrimonial practitioners must review the law in certain areas to see if those laws need to be amended to keep pace with changing times. For example, the onset of AIDS has created almost a new class of terminally ill people. These people who are involved in divorce cases may find themselves in a legal conundrum when it comes to term life insurance benefits. Traditionally, under prior law in some states, only cash surrender value was deemed property. <i>See, e.g., In re Marriage of Mullins</i>, 121 Ill.App.3d 86, 458 N.E.2d 1360 (Ill. 4th Dist. 1984). Historically, term policies, therefore, had no value in divorce proceedings. Those cases, however, may be distinguishable where the insured was not terminally ill, and the proceeds therefore become much less speculative.
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
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis 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.Read More ›
- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
- When Is a Repair Structural or Nonstructural Under a Commercial Lease?A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."Read More ›