FEATURE ARTICLE:
PROBLEMS UNDER THE NEW FILING SYSTEM
CAN THE TIME PERIODS UNDER NEW YORK'S NEW FILING
SYSTEM BE EXTENDED? ARE OTHER DEFECTS CURABLE?--PART II
- Omitting Filing Date from Summons Not Fatal
- Late Filing of Proof Okay If Fee Paid
- If Second Action Necessary, Same Index
Number?
PROCEEDING
TO STAY ARBITRATION:
Forfeiting Right to Contest Arbitrability
by Getting Fouled Up Under the New Procedures
Special Problems with Filing System in Foreclosure
Proceedings
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GENERAL
PRACTICE POINTS
SERVICE ON PARTNERSHIPS:
New CPLR 310, on Serving Partnerships, Held to
Supplement, Not Supplant, Use of CPLR 308 to Serve Partnerships
FRIVOLITY SANCTIONS:
Bringing Suit in Unrelated County to Avoid IAS
Assignment to Same Judge in Related Case Brings Sanction
"FOREIGN OBJECT" IN SURGERY CASES:
Suture of Wrong Organ Is "Foreign Object"
and Gives Postponed Statute of Limitations Accrual
FEDERAL
JURISDICTION
JURISDICTION OF ALIENS:
Alien on One Side v. Citizen and "Permanent Resident
Alien" on the Other: Still No Jurisdiction, Despite 1988 Amendment
RULE 11 SANCTIONS:
Federal Court Can Apply Sanctions Even When Remanding
Case to State Court for Want of Subject Matter Jurisdiction
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Overview
of topics...
Still More on "Filing" Problems:
- in Mortgage Foreclosures
- on Stays of Arbitration
Service on Partnerships Frivolity
Sanctions "Foreign Object" Cases Federal "Alien" Jurisdiction
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