New York Law Journal | Analysis
By Toby Kleinman and Daniel Pollack | February 24, 2022
Opening statements offer the ability for the use of language that a court will remember, often using a mantra that gets repeated during the testimony and at closing.
New York Law Journal | Analysis
By Joel Brandes | February 23, 2022
In his Law and the Family column, Joel Brandes discusses the requirements for a maintenance or child support award based on imputed income.
New York Law Journal | Analysis
By Robert Z. Dobrish and Sophie Heinlein | February 22, 2022
This article provides a look at New York case law developed over the years which signal some judicial recognition of a presumption of joint legal custody in spite of the state's history of holding otherwise.
By Jason Grant | February 8, 2022
In a somewhat rare move, a First Department panel of justices chose to depart from the disciplinary recommendation by a referee of a private admonishment and impose the greater penalty on Crowe of public suspension.
New York Law Journal | Analysis
By Alton L. Abramowitz | February 8, 2022
In this edition of his Divorce Law column, Alton L. Abramowitz discusses a few decisions that represent the proverbial "tip of the iceberg" with respect to the protection of children at a time imbued with periodic surges of COVID-19 and its multiple variants. They provide us with proof positive of the basic premise that courts are still concerning themselves with the centuries' old standard of determining what is in "the best interests of children," inclusive of vaccination requirements.
By Jane Wester | February 4, 2022
The report found that a lack of investment in the busy court ahead of the pandemic, such as staffing shortages and a failure to transition to electronic filing, led to new challenges when COVID-19 reached New York.
By George Bischof | January 28, 2022
For clients considering nominating a non-domiciliary alien (NDA) as guardian, it's important to advise them on the provisions of SCPA 707(1)(c), which both declares most NDA's ineligible but also provides a mechanism for restoring eligibility through the appointment of a co-guardian.
New York Law Journal | Analysis
By Timothy M. Tippins | January 12, 2022
In this edition of his Matrimonial Practice column, Timothy M. Tippins outlines the broad contours of the Report of the Blue-Ribbon Commission on Forensic Custody Evaluations and its recommendations, as well as the historical context of forensic evaluations that led to formation of the Commission.
New York Law Journal | Analysis
By Joel R. Brandes | January 7, 2022
In his Law and the Family column, Joel Brandes discusses two companion cases, 'Anderson v. Anderson' and 'Matter of Koegel', where the Court of Appeals addressed issues unresolved in prior cases regarding non-compliance with the signature acknowledgment requirements of DRL §236(B)(3) which will render a nuptial agreement unenforceable unless reaffirmed by the parties.
New York Law Journal | Analysis
By Elliott Scheinberg | January 6, 2022
This second part of a two-part article addresses 'Koegel' throughout all judicial levels; unacknowledged agreements remain enforceable in nonmatrimonial actions; methodology of acknowledgment vs. evidence of proper acknowledgment; and evidence of acknowledgment by a subscribing witness.
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