Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
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The Marital Residence
April 28, 2008
In matrimonial litigation the marital residence often constitutes the parties' most valuable asset. Equitable distribution of this asset can involve issues that may or may not have been anticipated at the outset of the litigation. Within the process of accomplishing an equitable division of the home are considerations of separate property credits, capital gains taxes, expenses relating to the residence and timing of valuation of the home. In this month's issue, we discuss separate property credits.
Ruling Adverse to Foreign Same-Sex Union Is Vacated
April 28, 2008
In vacating a lower court ruling, the Appellate Division, Second Department, at the end of March, wiped off the books the sole remaining decision refusing to recognize same-sex marriages solemnized in other jurisdictions. To prevent the lower court's ruling from being 'used as a precedent in future cases,' a unanimous panel in an unsigned opinion vacated a Long Island judge's 2006 decision that denied recognition to a gay couple's Canadian marriage.
For Whom the Pre-Nup Tolls
April 28, 2008
As the matrimonial bar knows, there has long been a dichotomy between the first and second appellate departments on the issue of prenuptial agreements and the tolling of the statute of limitations. This difference was supposed to be eliminated by the enactment of Domestic Relations Law (DRL) 250, which became effective as of July 3, 2007. A review of the statute on its face seems to make the issue crystal clear ' the statute of limitations on prenuptial and postnuptial agreements is tolled during an intact marriage. A review of the session law, however, muddies those waters.
One Vaccine-Caused Autism Claim to Be Paid
April 28, 2008
The parents of the approximately 5,000 children who developed autism symptoms following vaccination who currently have claims filed with the government seeking compensation were given an unexpected shot of hope in March by the news that the government had agreed to compensate one child for vaccine-related onset of autism symptoms.
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