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Decisions of Interest
Court Erred in Ordering Payment of Unreimbursed Health Care Expenses
A divorce judgment was modified, on the law and as a matter of discretion, by deleting the provision directing the defendant husband to pay all unreimbursed health care expenses for the plaintiff/ex-wife. Bains v. Bains, Index No. 21217/01, 2003 N.Y. App. Div. LEXIS 9903 (App. Div., 2d Dept. 9/29/03).
The defendant/husband appealed from a judgment that, among other things, ordered him to pay all unreimbursed health care expenses for both the parties' child and the plaintiff/wife. The appellate court found that the Supreme Court erred in directing the defendant to pay “all” the unreimbursed health care expenses for the plaintiff because judgments of divorce that direct a party to pay the other party's unreimbursed health care expenses “are in the nature of open-ended obligations which this court has consistently disfavored … Ordinary or routine unreimbursed medical expenses should be considered as included in a maintenance award, and extraordinary unreimbursed medical expenses cannot be awarded prospectively in unfixed amounts.” Gulotta v. Gulotta, 215 A.D.2d 724, 725, 627 N.Y.S.2d 428; Zabin v. Zabin, 176 A.D.2d 262, 264, 574 N.Y.S.2d 75. Thus, the judgment was modified to delete the provision directing the defendant to pay the plaintiff's unreimbursed health care expenses.
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.