[slideshare id=64362431&doc=overviewofcommonagriculturecontracts-7-25-16-160725160412] I will be going through the above presentation for a live webcast this Thursday at 3:30pm ET via Lawline. The recording will be available soon after my presentation via Lawline. You can register for the live webcast here. In this presentation, I will be discussing a few of the major contractual issues that affect production agriculture including agriculture production …
Outline Giving Overview Common Agriculture Contracts
You can download my substantive outline discussing a few of the major contractual issues that affect production agriculture on my JD Supra page here. The outline discusses a myriad of contracts issues including: agriculture production contracts, purchase agreements (for land, livestock and farm equipment), leases (for land, livestock and farm equipment), special contracts (e.g., custom feeding arrangements, embryo transfer contracts, …
New York Agriculture Liens: Truckman’s Lien
Under Section 187 of NY Lien Law, every person or entity engaged in “carting or trucking property shall have a lien upon such property and may retain such portion of the property in his possession” to help ensure payment for the truckman or drayman. See NY Lien Law § 187[1]. Possession of the property is required for this lien. Please note that …
New York Child Custody and Visitation Law: Sibling Visitation
Siblings have a statutory right to visitation with each other. This is true whether the relationship be of full-blood siblings or half-blood siblings. There is a two-part analysis for evaluating sibling visitation. First, standing – or the right to be heard – has to be established. Second, the court must determine whether the visitation is in the best interest of …
New York Agriculture Liens: Lien on Stray Animals
Under NY Town Law § 310, if a person has any strayed horses, cattle, sheep, swine, goats or other livestock animal upon their property which is not adjoined to the livestock owner’s property (in other words, not your immediate neighbor), then that person may have a lien claim against the stray animals. The livestock must have caused property damage and the escape of the …
Ask Cari: Common Mistakes in a Divorce
Here is a question that I recently received: “Hey Cari, What do people often do “wrong” when they’re about to file for divorce or in the midst of a divorce?” My response: People going through divorce sometimes believe that going to court immediately is the way to resolve things. To the contrary, mediation or the collaborative divorce process would be the …
New York Child Custody and Visitation Law: Grandparent Visitation
Grandparent visitation is not automatic in New York. There is an assumption that the grandparent will have visitation with their grandchild through the grandchild’s parent. There is also a presumption that a fit parents acts in the best interest of their child. This means the courts will give great weight to the parent’s decision about their child’s visitation and access …
New York Agriculture Liens: Stableman’s Lien
Under Section 183 of NY Lien Law, any veterinarian who renders treatment to or boards any dog, cat, or other domestic animal or person keeping a livery stable, boarding stable or pasturing animals has a lien over the animal and any equipment kept and stored in conjunction with the animal, such as a “wagon, truck, cart, carriage, vehicle or harness”. Possession of this …
New York Child Custody and Visitation Law: What About Supervised Visitation?
The New York Court of Appeals has held that absent any threat to the child’s wellbeing, those people who have visitation rights have the right to unsupervised visitation with his or her child. Weiss v. Weiss, 52 N.Y.2d 170 (1981); Nancy M. v. Brian M., 227 A.D.2d 404 (1996); Twersky v. Twersky, 103 A.D.2d 775 (1984). For the court to …
New York Agriculture Liens: Liens for Service of Stallions or Bulls
Under Section 160 of NY Lien Law, the “owner of a stallion or bull shall have a lien on each mare or cow served together with the foal or calf of each mare or cow from such service, for the amount agreed on at the time of service. . .” However, said lien will not be able to be enforced if the owner falsely states the …
Animal Abuse Registry in Rockland County, New York
Following Suffolk County’s decision to maintain an animal abuse registry, Rockland County also enacted a law to have those convicted of animal abuse crimes register. Rockland County requires all persons convicted of an animal abuse crime to register with the database within five days of being sentenced or being released from incarceration. Each registrant has to pay an annual $50.00 …
Child Custody and Visitation Law: Getting a Parenting Plan for School Breaks and Summer Vacation
School Breaks Schools in New York typically have four (4) school breaks: Thanksgiving/Fall Break, Christmas/Winter Break, President’s Day/Mid-Winter Break, and Easter/Spring Break. When drafting a parenting plan, parents should be cognizant on what was agreed to with the holiday schedule. Here is an example schedule (for illustrative purposes): School Break Time Even Years Odd Years Mid-Winter Recess (President’s Day Week) …