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Decisions of Interest
Court Won't Evict Longtime Live-in Girlfriend
Petitioner brought this licensee-holdover proceeding to recover possession of his Staten Island home on the grounds that he had revoked his girlfriend's license to occupy the premises, but the court dismissed the action, holding that although the couple were never married, their relationship was tantamount to a family relationship such that their dispute should be heard in Family Court. DeJesus v. Rodriguez, 2003 N.Y. Misc. LEXIS 1053, (Civ. Ct. of the City of New York, Richmond Cty., 8/7/03) (Birnbaum, J.).
Petitioner and respondent lived together for 10 years and are the parents of two children, ages 5 and 8. Petitioner's name is the only one on the deed to the home because, respondent asserted, her credit history at the time the home was purchased would have hindered the sale. Nevertheless, she claimed to have contributed to the down payment and to the mortgage payments. In January 2003, the parties had a violent argument, after which petitioner vacated the home. Later, respondent obtained a permanent order of protection forbidding petitioner to come near her except to visit with his children. A child support proceeding is currently pending in Family Court.
Major Differences In UK, U.S. Copyright Laws
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.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
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.