Legal Research

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Tax Tips
Wednesday, January 20, 2010
By Sidney Kess

" Sidney Kess, CPA-attorney, consulting editor to CCH Inc., author and lecturer, discusses the impact of getting married, divorcing or losing a spouse on federal income tax reporting, focusing on areas that may require special attention: joint and several liability, carryforwards of certain unused tax breaks that arose during the marriage, net operating losses, the allocation of a couple's estimated tax payments after divorce, and more."

New York Court of Appeals Roundup
Wednesday, January 20, 2010
By Roy L. Reardon and Mary Elizabeth McGarry

"Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, discuss recent decisions involving whether live two-way video violates a defendant's constitutional right to confront witnesses against her; whether liability under Labor Law §240(1) requires that a worker be injured by falling or being struck by a falling person or object; and the statutory safe harbor provisions of the Surrogate's Court Procedure Act §1404 and the Estates, Powers and Trusts Law §3-3.5."

OUTSIDE COUNSEL:

Free With Registration: Monserrate and the Question of Pink Slips for Elected Officials
Wednesday, January 20, 2010
By Jerry H. Goldfeder

"Jerry H. Goldfeder, special counsel at Stroock & Stroock & Lavan and a teacher of election law at Fordham Law School and University of Pennsylvania Law School, writes: There may be 50 ways to leave your lover, but the options are decidedly fewer for ousting an objectionable elected official. Now that a committee of the New York State Senate has recommended to the full body that it consider expelling Senator Hiram Monserrate, it is worth previewing some of the legal issues that might be raised over the next few months in connection with Mr. Monserrate's future in the Senate."

REAL ESTATE TRENDS:

Maintaining Lien Priority With Mortgage Modification
Wednesday, January 20, 2010
By Jeffrey B. Steiner and Zachary Samton

"Jeffrey B. Steiner, a member of DLA Piper LLP, and Zachary Samton, counsel to the firm, write: When amending or modifying a mortgage loan, a lender must consider issues of enforceability against both the borrower and subordinate lenders. Whether an amendment or modification of a mortgage loan is recorded, or consented to by an existing junior lien holder, should not affect its enforceability against the borrower, but may have significant implications with respect to the priority of the liens encumbering the mortgaged property. In a period of declining real estate values, lien priority may have a considerable effect on a lender's ability to realize on its collateral."