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February 20, 2015 | Law.com

Evidence Rulings Address Authentication, Present Sense Impressions

Mark S. Mulholland of Ruskin Moscou Faltischek writes: Recent decisions from around New York state arising from an assortment of admission errors demonstrate the resilience and enduring importance of fundamental evidentiary rules.
10 minute read
January 12, 2015 |

Statutory Inheritance Rights of a Posthumously Conceived Child

In their Trusts and Estates Law column, C. Raymond Radigan and David R. Schoenhaar provide a background to the unsettled inheritance rights of a posthumously conceived child, review the new law on this issue and discuss certain observations that flow from the passage of the new law.
12 minute read
January 09, 2015 |

Meaning of 'Informed Consent' in New York

In his Professional Responsibility column, Anthony E. Davis considers two recent New York decisions that examine the meaning of "informed consent" in the context of both disqualification motions and cases where the interests of clients and their lawyers become directly adverse.
13 minute read
January 08, 2015 | Law.com

Meaning of 'Informed Consent' in New York

In his Professional Responsibility column, Anthony E. Davis considers two recent New York decisions that examine the meaning of "informed consent" in the context of both disqualification motions and cases where the interests of clients and their lawyers become directly adverse.
13 minute read
January 02, 2015 |

Criticism of Doctor Was Protected Speech, Judge Finds

A judge has dismissed a lawsuit filed by a doctor against three New York attorneys who wrote about another judge's scathing remarks against him, finding their statements were privileged or protected opinions.
6 minute read
January 02, 2015 | Law.com

Criticism of Doctor Was Protected Speech, Judge Finds

A judge has dismissed a lawsuit filed by a doctor against three New York attorneys who wrote about another judge's scathing remarks against him, finding their statements were privileged or protected opinions.
6 minute read
December 03, 2014 |

Receiver Gets Counsel in Napoli Bern Disputes

Mark Mulholland has been appointed to represent Ira Warshawsky in his role as receiver to Napoli Bern Ripka Shkolnik, a personal injury law firm whose founding partners are locked in litigation with one another.
2 minute read
November 20, 2014 |

Ruling Narrows Car Dealership's Remedies

Citing an issue of first impression, a Nassau County Commercial Division judge has ruled that the New York Franchised Motor Vehicle Dealer Act provides the sole remedy a car dealership can pursue against a car manufacturer for authorizing a rival dealership to open in its market area.
2 minute read
November 10, 2014 |

The Right of Election and Tax Apportionment

In their Trusts and Estates Law column, C. Raymond Radigan, John G. Farinacci and Jennifer F. Hillman write that at a minimum in New York, a surviving spouse is entitled to elect to receive $50,000 or one-third of the net estate outright by exercising what is known as the right of election. The public policy is fairly straightforward; however, the logistics of calculating the elective share and the correlating tax consequences of that election can be complex.
9 minute read
October 09, 2014 |

Surrogate Rejects Couple's Request to Close Courtroom

Nassau County Surrogate Edward McCarty III said the matter, in which a couple is trying to undo their adoption of two Russian-born children who turned out to suffer serious mental disorders, was "far too important to the people of Nassau County, the United States and Russia to limit the public to its unique factual issues."
5 minute read

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