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Saturday, June 15, 2013

Italian Children must be returned from New York to Italy since Italy was found to be their habitual residence under the International Child Abduction Remedies Act.

The following is a decision where the 1st Department Appellate Division of New York affirmed the trial court’s  order directing a mother to return her Italian children  to their Italian father pursuant to Hague Convention and the International Child Abduction Remedies Act (ICARA), so that he may return the children to their habitual residence in Italy......


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Tuesday, May 1, 2012

Italian Company Sued In New York Court - Italian Facebook Page Insufficient Predicate for Personal Jurisdiction Over Italy Based Company

The following case involves a New York commercial lawsuit against an Italian company. More specifically, an injured American party sued an Italian company which designed a boat that was later manufactured in the United States. The American plaintiff claimed that the Italian company’s facebook page provided the necessary minimum contacts to allow a New York Court to obtain personal jurisdiction over the Italian company. In the below decision, the New York Federal court found that the Italian company’s facebook page did not establish systematic and continuous activity necessary for the New York Court to obtain personal jurisdiction over the Italian company.

Kelly M. Lyons, Plaintiff v. Rienzi & Sons, Inc., Defendant., 09-CV-4253

U.S. District Court, Eastern District.....


Read more . . .


Wednesday, March 14, 2012

Italian Custody Order Recognized in New York Family Court under the UCCJEA

The New York County Family Court recently held that that an Italian Court which issued the initial custody order in respect to the parties’ child, maintained exclusive and continuing jurisdiction over the matter. Further the New York Court held that it did not have the jurisdiction to consider or modify the Italian mother’s New York custody petitions.

In rendering its decision, the New York Family Court specifically took into consideration the undisputed fact that the Italian father had previously obtained an Italian Order from a Florence Court which had awarded him sole custody of the parties’ child. The New York Court found that the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") applied to this Italian family law matter. Therefore, the New York Court stated the Italian Custody Order must be treated in the same manner as if it were issued by a State of the United States. The New York Family Court stated in relevant part:

“Because the Italian courts issued the initial custody order, Italy possesses exclusive, continuing jurisdiction. The ensuing and numerous subsequent orders by the Italian courts, both trial and appellate, should properly be viewed as modifications of the initial Italian order. The Italian courts had continuous, exclusive jurisdiction to modify the original Italian order because the father has been a continuous resident of Italy since the year 2000, notwithstanding the mother’s and child’s primary residence in New York between 2006 and 2010.”

The full text of the case was as follows:

In the Matter of Maura B. v. Giovanni P., [Index Number Redacted by Court], New York County Family Court....


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Friday, February 17, 2012

Service of Process by Mail under the Hague Convention Found Permissible.

In the recently decided 3rd department case (New York State Thruway Authority v. Frenech, 512512, 3rd Dept. 2012) service of process by mail under the Hague convention  was  found permissible.  Consequently, the 1st department is now the only department whose interpretation of the Hague Convention renders the service of documents by mail impermissible.

In light of the fact obtaining jurisdiction over a defendant in a foreign jurisdiction can be quite challenging in some  signatory nations, this departure from the previous standard  which disallowed service by mail will substantially improve the plaintiff’s ability to obtain jurisdiction  over a foreign defendant.(See Hague Service of Process over an Italian company or person)

The following case is posted for informative purposes only.  The posting of this case does not in any way reflect Marzano Lawyers PLLC’s legal opinion or view on the underlying matter. Furthermore, this law firm, nor any attorney or lawyer affiliated with this law firm, did not represent any of the  parties in the action.

The text of the decision  can be found here:  New York State Thruway Authority v. Frenech

 

 


Thursday, January 19, 2012

Recovery for Damages for Passengers on the Costa Concordia


On Friday, January 13, 2012, the  $450 million Italian  Costa Concordia cruise ship slammed into a reef off the tiny Italian island of Giglio. Initial reports in Italy have alleged that the Capitan (Francesco Schettino) made an made an unauthorized detour on the ship’s previously authorized route as a favor to one of the Costa Concordia’s employees. Further allegations of gross negligence on the part of both the captain and the cruise company (Costa Cruises) and its parent company, Carnival Cruise Lines Inc. (Read more . . .


Thursday, January 5, 2012

Italians going abroad to obtain a divorce judgment

An interesting article which delves into the 3 year mandatory waiting period Italians must endure before they may obtain a divorce judgment and how some couples are avoiding this by going aboard to nations with more lenient divorce laws.

See:

NYT WORLD

Divorce Tourists Go Abroad to Quickly Dissolve Their Italian Marriages
By ELISABETTA POVOLEDO
Published: August 14, 2011

Italians seeking a quick and inexpensive divorce are now going abroad to Romania, Britain and France to avoid the complicated process of divorce in Italy.

http://www.nytimes.com/2011/08/15/world/europe/15italy.html

Please be advised this article is being provided for informational purposes only This article is not intended to provide, and should not be relied on as a source of, legal advice. Marzano Lawyers PLLC expressly disclaims all liability based on any information contained in this article

 


Wednesday, January 4, 2012

Italy's Taxes and Investment in New York Property

Blog post in the WSJ regarding Italian investments in New York real estate due to changes in Italian tax law.  

1-4-12 WSJ: How Italy’s Taxes Could Boost NYC Real Estate

Please be advised this article is being provided for informational purposes only This article is not intended to provide, and should not be relied on as a source of, legal advice. Marzano Lawyers PLLC expressly disclaims all liability based on any information contained in this article.


Tuesday, October 18, 2011

How a Civil Lawsuit Works in Italy - Summary of Italian Civil Procedure

How a Civil Lawsuit Works in Italy - Summary of Italian Civil Procedure

An Italian lawsuit is a civil action brought in an Italian Court in which a plaintiff (called ‘attore’) demands a legal remedy for a loss resulting from a defendant (called ‘convenuto’) action.

The Italian civil lawsuit is regulated by the Italian Civil Procedural Code (‘Codice di procedura civile’)

It can be started by filing a summons and complaint or a recourse, depending on the matters of the dispute. The summons and complaint is the ordinary mean to bring a civil action.

Before bringing the action before the Italian Court, the plaintiff must serve the summons and complaint (called ‘atto di citazione’ or just ‘citazione’) summoning the defendant to appear before the competent Italian Judge in a determined hearing to be held.

The summons and complaint must be served by an official bailiff (called ‘Ufficiale Giudiziario’).

After service of the initiating documents, the plaintiff must file the served summons and complaint in the Clerk’s Office in the competent Court of jurisdiction.

The Italian legal order provides for two different Courts of first instance depending on the matters and the value of the dispute:

- The Italian Giudice di Pace (literally ‘Justice of the Peace’), sitting as a sole judge.

- The Italian Tribunale, sitting as a sole judge - in most of the cases - or as a collective, depending on the matter of the dispute.

The Italian Justice of the Peace is an honorary judge with competence on determined and less important matters provided by the civil procedural code: by the way of an example, dispute whose value is lower than €5,000; car accidents up to €20,000.

The Italian Tribunal has a broader and residual jurisdiction, having competence on all the disputes beyond the competence of the Italian Justice of the Peace. In substance, the Italian Tribunal is almost always competent notwithstanding those cases assigned to the Justice of the Peace by law.

If the Italian lawsuit must be started by recourse, because law so requires (e.g. in case of labor lawsuits), it must be filed before the competent Italian Court requiring the Judge to fix a hearing and then the plaintiff must serve the recourse and the Judge’s decree fixing the hearing to the defendant.

During the lawsuit, the plaintiff must give the evidence of his right and the defendant is required to respond to the plaintiff's complaint.

If the plaintiff is successful, an Italian judgment (called ‘sentenza’) will be given in the plaintiff's favor, enforcing his right, or awarding damages, imposing injunctions to prevent an act or compel an act.

The Italian decision of first instance is generally automatically and provisionally enforceable.

After the final decision has been granted, either party or both may appeal from the judgment of the judge of first instance; even the prevailing party may appeal, if, for example, prevailing party wanted a larger award than the one which was granted.

The parties may appeal a judgment granted by the Italian Justice of the Peace before the Italian Tribunal, and a Italian judgment granted by the Italian Tribunal before the Court of Appeals (‘Corte d’Appello’).

The Italian Court of Appeals sits as a collective body. Any Justice of the Peace and Tribunal is included in a determined Italian District of Court of Appeals.

The procedure to bring the action before the Italian Court of Appeals is similar to the procedure followed in the proceedings of first instance.

After the final decision has been made by the Italian Court of Appeals, either party or both may appeal the judgment before the Italian Supreme Court of Cassation (‘Corte di Cassazione’) in Rome.

The Italian Court of Cassation ensures the observation and the correct interpretation of Italian law by ensuring the same application of law in the inferior and appeal courts. Appeals to the Italian Court of Cassation can be just brought as a matter of right, as the Court is precluded to get to the heart of the matter.

Appeals to the Italian Court of Cassation generally come from the Italian Courts of Appeals, but litigants may also appeal directly from the judge of first instance.

When the lawsuit has finally been resolved, or the allotted time to file an appeal has expired, the matter is res judicata.

See: http://marzanolaw.com/lawyer/New_York_City_and_Salerno_Italy_fq524.htm

Please be advised this article is being provided for informational purposes only This article is not intended to provide, and should not be relied on as a source of, legal advice. Marzano Lawyers PLLC expressly disclaims all liability based on any information contained in this article.


Sunday, August 21, 2011

Child Permited to Travel to Italy for Visitation with Father


The following case is posted for informative purposes only.  The posting of this case does not in any way reflect Marzano Lawyers PLLC legal opinion or view on the underlying matter. Furthermore, this law firm, nor any New York or Italian attorney or lawyer affiliated with this law firm, did not represent any of the  parties in the action.

Decided on July 8, 2011

SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J.
Read more . . .


Friday, June 3, 2011

Personal Jurisdiction over Italian Citizen in NY Matrimonial Action


The following case is posted for informative purposes only.  The posting of this case does not in any way reflect Marzano Lawyers PLLC legal opinion or view on the underlying matter. Furthermore, this law firm, nor any New York or Italian attorney or lawyer affiliated with this law firm, did not represent any of the  parties in the action.

.A.
Read more . . .


Thursday, June 2, 2011

Certificate of Service under Article 15 of the Hague Convention


The following case is posted for informative purposes only.  The posting of this case does not in any way reflect Marzano Lawyers PLLC legal opinion or view on the underlying matter. Furthermore, this law firm, nor any New York or Italian attorney or lawyer affiliated with this law firm, did not represent any of the  parties in the action.

Lydia Scheck and Dieter Scheck, Plaintiffs v. The Republic of Argentina, Defendant, 10 Civ.
Read more . . .


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