A divorcing wife can sue her husband for the theft of an unpublished academic paper the two wrote together before they were married, a Supreme Court justice in Brooklyn has ruled.

Though the paper lay fallow for a decade, Justice Jeffrey S. Sunshine (See Profile) concluded in Herskovitz v. Klein, 54828/09, that Esther E. Klein could sue Paul J. Herskovitz for the alleged theft of intellectual property on the theory that his use of the paper without his wife’s consent had deprived her of the opportunity to recast the article to advance her candidacy for tenure.

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