Legal Research

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Surrogate's Practice and Proceedings
Friday, September 11, 2009
By Colleen F. Carew and Gary B. Freidman

"Colleen F. Carew, a court attorney-referee with the Surrogate's Court, Westchester County, and Gary B. Freidman, a partner of Greenfield, Stein & Senior, discuss the importance of the distinction between relationships deemed confidential as a matter of law and those which must be established confidential at trial, a difference a recent Appellate Division panel found so pivotal that it set aside a verdict because of an incorrect jury charge, even though the charge was not objected to."

Free With Registration: Insurance Law
Friday, September 11, 2009
By Norman H. Dachs and Jonathan A. Dachs

"revisit the critical importance in insurance litigation of furnishing copies of the subject insurance policy to the court. Although the obligation to provide the court with the opportunity to read and analyze the policy it is being asked to construe is, or should be, obvious, they warn that it is all too often observed in the breach."

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Parallel Obligations of Disclosure And Investigation in Divorce Actions
Friday, September 11, 2009
By Elliott Scheinberg

" Eliott Scheinberg writes that a recent spate of matrimonial cases, with interdepartmental differences, raises a critical issue that many practitioners comfortably assumed had a built-in, simple and ready answer: Can a spouse, who stands in a fiduciary relationship to the other spouse and who is further required by decisional and statutory authority to make broad disclosure during a divorce action, conceal information during settlement negotiations and still prevail in a subsequent action to vacate the agreement?"