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December 09, 2022 | New York Law Journal

Litigation Proliferation Adds to Court Backlog

One of the biggest issues facing the legal sector today is the present and growing court backlog. It's become so severe that task forces from the National Center for State Courts (NCSC) and individual states are exploring changes to court procedures to ensure access and speed to resolution.
6 minute read
November 04, 2022 | New York Law Journal

Accountings in Estate and Trust Proceedings, Part I: Informal Accountings

This article, the first in a series, discusses settling fiduciary accounts informally rather than the fiduciary being compelled pursuant to SCPA §2205 or through the voluntary judicial settlement process as prescribed in the SCPA §2210.
10 minute read
October 12, 2022 | New York Law Journal

Erie County Surrogate Judge and OCA Feud Over Power to Make Non-Judicial Appointments

The Erie County court has been without a chief clerk since May, and without a deputy chief clerk since July, and there's an "urgent need" to fill the roles because it is the busiest surrogate's court outside of New York City.
4 minute read
September 02, 2022 | New York Law Journal

Jurisdictional Considerations in Choosing Fora for Disputes Concerning Decedents' Assets

This column is intended to illustrate a few examples of jurisdictional issues that involve disputes over a decedent's assets or affairs to demonstrate why a choice of forum is not always as obvious or simple as one might assume.
9 minute read
August 18, 2022 | New York Law Journal

Conduct That Falls Within the Doctrine of 'In Pari Delicto'

While the doctrine's original focus was on illegal acts and illegal contracts, it has since been significantly expanded to other types of wrongdoing, including civil wrongs, as discussed by Thomas J. Hall and Judith A. Archer in this edition of their Commercial Division Update.
9 minute read
Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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July 01, 2022 | New York Law Journal

How Final Is a Decree Based Upon Virtual Representation?

While we often see virtual representation provisions contained in wills and trust instruments, the absence of such a provision is not fatal to the application of the doctrine of virtual representation.
9 minute read
April 29, 2022 | New York Law Journal

SCPA Article 17 Guardianships: How To Invest for a Minor

With court approval, a guardian can jointly control guardianship funds with a bank, credit union, or other financial institution. This type of investment agreement can significantly benefit the infant, while also providing the Surrogate with security in knowing that an established financial institution is a party to the agreement and subject to the Surrogate's oversite.
8 minute read
March 04, 2022 | New York Law Journal

Thoughts on Court Consolidation, Revisited

As a follow-up to his previous article on court consolidation, Raymond Radigan continues the discussion by providing further insights for practitioners and others interested in Surrogate's Court practice.
5 minute read
February 08, 2022 | New York Law Journal

Revisiting Pay-When-Paid Clauses in Construction Contracts

Adam Browser discusses an overlooked section of the Prompt Payment Act which provides an alternative to invalid 'pay-when-paid' clauses.
7 minute read
February 03, 2022 | New York Law Journal

Adult-Use Cannabis in New York: Hashing Out the Potential for State Preemption of Local Zoning Laws and its Impact

There are burning questions involving the interplay between state and local law and such implications could very well negatively affect the groups that the legislation sets out to empower.
7 minute read

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