Monthly Archives: February 2009

Compensation for Kidney into Divorce Denied By Court

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…
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What is a constructive abandonment?

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…
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Madoff Loss Jeopardizes Divorce Settlement

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…
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Man Entitled to Inherit Same-Sex Spouse’s Estate

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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