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MAY 1993
 
 ARTICLE HEADLINES    

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


 
 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

 

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 ...and more
 
         
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