One of the “fault” grounds for divorce in New York is abandonment. There are two types of abandonment – physical abandonment and constructive abandonment (or sexual abandonment). In order to plead the ground of physical abandonment in a complaint for divorce, you must establish that 1) you have been abandoned by your spouse for one year or more, 2) the abandonment was …
Overview of Copyrights
Copyright is a form of intellectual property protection provided to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. Any expression, however, once written down in unique form, qualifies for copyright protection. Copyright protection comes into being as soon as an expression is recorded in some manner (in …
New York Divorce Law: The Ground of Cruel and Inhuman Treatment
Cruel and Inhuman Treatment is one grounds for divorce in New York. To plead this ground in a complaint for divorce, you must establish that the course of conduct is harmful to your physical or mental health making cohabitation unsafe or improper. In other words, you must show more than mere incompatibility and the misconduct must be serious, not trivial. …
Questions about Being an Ag Lawyer
I was recently interviewed by a student writing a paper about agriculture careers. Here are a few of my responses to his questions. What interest did you have in agriculture that made you want to be an agriculture lawyer? When did that interest start? Did you always plan to be were you are now or did you expect something …
NY Animal Law: Horse Transportation
There are a statutory provisions in the New York Agric. & Mtks Act specific to horse breeders. Under Section 359-a(1), every vehicle utilized for the transportation of more than six horses shall meet the following requirements: The interiors of compartments containing horses shall be constructed of smooth materials, containing no sharp objects or protrusions which are hazardous; The floors shall …
New York Divorce Law: Overview of Enhanced Earning Capacity
In New York, the capacity for enhanced earnings is a marital asset based on the premise that all property acquired during the marriage is marital property. Professional licenses acquired during the marriage are marital property pursuant to DRL 236 (B)(1)(c) subject to equitable distribution because it is a valuable asset reflected in the enhanced earning capacity it affords to the …
My Outline on “Ag Gag” Law & Pending Legislation
My presentation on “Ag Gag” Law with the New York State Bar Association’s (“NYSBA”) Committee on Animals and the Law was postponed due to a snowstorm (I did enjoy sledding though). Please stay tuned for the date and time. I have posted my outline giving a general overview of current and pending legislation on my JD Supra page here. Share this …
Divorce in a Foreign Country
Many times people obtain divorces in other countries. In the United States, divorce matters are reserved to the states and are not dealt with federally. Divorces obtained in foreign countries are recognized in the U.S. based on the principle of comity (fancy word for being (considerate”). Under the principle of comity, a divorce obtained in another country under the circumstances …
My Presentation on New York Matrimonial Law
I really enjoyed presenting at Fordham Law School last weekend alongside the great (and brilliant) Veronica Escobar, Esq. My presentation, embedded below, discusses the jurisdictional differences between Supreme Court and Family Court, the procedures for starting a divorce, the uncontested v. contested divorce path, Notice of Automatic Orders, types of matrimonial agreements, prenuptial agreements, grounds for an annulment vs. grounds …
Primer in New York Matrimonial Law
I will be giving a primer in New York matrimonial law along with (the fabulous) Veronica Escobar, Esq. next Saturday, January 24, 2015 at Fordham University, School of Law during the “Bridge the Gap” Continuing Legal Education seminar designed for newly-admitted attorneys. We will be discussing the following issues: Divorce Paths Jurisdictional differences between Family Court and Supreme Court Alternative …
Overview of Business Entities, Liability and Insurance for the Food and Agriculture Producer
[slideshare id=43294080&doc=grownyc-businessentitiesandinsurance-150107134228-conversion-gate02] I spoke last night to GrowNYC Greenmarket Farmers about choice of business entities, liability, and insurance. A copy of my presentation is available above. This presentation gives an overview of business entities (e.g., sole proprietorship, general and limited partnerships, limited liability companies, corporations, cooperatives), trusts and not-for profit corporations for farms and food businesses. It then goes on …
Recording Available for Equine Law Webinar
Last month, I moderated an equine law CLE webinar for the American Bar Association (“ABA”) General Practice, Solo & Small Firm Division’s Agriculture Law Committee titled “Common Equine Contracts: What They Are, Pitfalls to Avoid, and Ideas for Effective Drafting.” The renown faculty included Attorneys Avery Chapman, Julie Fershtman, and Thomas Nicholl. The live webinar was on December 9, 2014; …