Real Property Law
No Statute of Limitations Applies to Forgery Claim<br>Mortgage Reformed for Mutual Mistake<br>Error in Setting Upset Price Does Not Provide Adequate Basis for Setting Aside Foreclosure Sale<br>Laches Bars Claim for Reformation of Mortgage<br>Questions of Fact Preclude Summary Judgment in Assertion of Forgery<br>Grantor's Action to Set Aside His Own Quitclaim Deed<br>No Summary Judgment in Dispute Between Cotenants<br>Homeowners Association Properly Exercised First Refusal Right
Late Notices of Claim on Behalf of Infants
<b><i>Two New York Case Studies</b></i><p><p>An application for a late notice of claim sounding in medical malpractice on behalf of an infant must be brought within the 10-year statute of limitations running from the date of the malpractice. This article examines two decisions from New York's highest court, the Court of Appeals, addressing such applications.
Verdicts
Prisoner's Deliberate Indifference Claim Reinstated
Med Mal News
For Nursing Home Patients, No More Compelled Arbitration
Avoiding Tax Pitfalls in New York Real Property Transfers in Separation and Divorce
Most divorces involve the transfer of a marital residence between the parties as part of equitable distribution, especially when there are minor children who will continue to reside in the family home.There is a transfer tax payable on the transfer of real estate, including the marital residence, in connection with the implementation of the marital settlement agreement or divorce.
New York's Judicial Straight-Jacket
At a 2015 conference jointly sponsored by the Association of Family and Conciliation Courts (AFCC) and the American Academy of Matrimonial Lawyers (AAML), I listened with much interest as attorneys and judges from areas other than New York expressed disbelief, disapproval and dismay regarding New York's extraordinarily atypical positions regarding the copying and electronic transmission of documents, and the limitations on discovery in litigation focused on issues of access to and custody of children.
Trust Issues: Pre- and Post-Nuptial Clauses
<b><i>Part One of a Two-Part Article</b></i><p><p>This article explores common provisions used in pre-and post-nuptial agreements and suggest how standard language might be modified to protect a client's rights or interests in trusts he or she formed before the marriage, or that family members formed naming him or her in various capacities.
Case Notes
In what appears to be a case of first impression in New York, the court overseeing a couple's divorce has granted the wife's motion seeking to bar her husband from the delivery room when she gives birth to their child.
