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Home2009February 2009 - Daniel Clement

Human organs are not assets to be distributed in a divorce. Thus is the ruling in  Batista v. Batista, the case in which a Long Island doctor sought compensation for donating a kidney to his wife, The National Law Journal reports that: At its core, the defendant’s claim inappropriately equates human organs with commodities,” Referee...

Despite overwhelming support to adopt a no-fault or irreconcilable grounds for divorce, New York remains the only state in which a party must allege and prove marital fault in order to obtain a divorce. By far, the most common fault based ground for divorce in New York is constructive abandonment. In the recent case of...

To the list of things Bernard L. Madoff has been blamed for ruining — retirements, lives, reputations — add another: a clean breakup.” The New York Times is reporting that a husband (a lawyer), who, entered into a settlement agreement distributing marital assets, which included an investment in Madoff’s hedge fund, is seeking contribution from...

Courts throughout New York continue to expand the rights of parties in same-sex marriages. For the first time, a judge has ruled that the survivor of a legal same-sex marriage is entitled to inherit from his spouse’s estate. Although New York will not recognize a same-sex marriage performed within the state, with a few exceptions,...

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