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JUNE 1994
 
Overview of topics...

Lead Note:

THE AUTOMATIC STAY ON APPEAL UNDER CPLR 5519(a)

The New Filing System:

 

  • Use of Mail to Effect Filing
  • Serving Again After Filing to Cure Mistake of Serving Before Filing

New Laws:

 

  • Magnetic Tape Okay for Restraining Notices
  • Defraying Discovery Expenses of Nonparty Witness
  • Notifying Appearing Defendants of Default Application

General Practice:

 

  • Waiving Defect of Arbitrator's Misconduct
  • Deposing Plaintiff on Possibility of Secret Settlements

Backlog Items:

 

  • P's Lawyer Sanctioned for Frivolous Sanction Motion
  • Interest on Segment of Verdict Appellate Court Increases

Federal Jurisdiction and Practice:

 

  • Jurisdiction of Aliens
  • Promulgating Judges' Individual Rules

Open Citation:

 

  • Marigliano (Issue 12/Page 4): 159 Misc.2d 596, 603 N.Y.S.2d 1020.
  • Rosenkranz (Issue 13/Page 3): 198 A.D.2d 592.

 ARTICLE HEADLINES

FEATURE ARTICLE:
THE AUTOMATIC STAY ON APPEAL UNDER CPLR 5519(a)

CAN MUNICIPALITY SECURE STAY OF EVERYTHING JUST BY APPEALING AN ORDER DENYING ITS MOTION TO DISMISS?


 THE NEW FILING SYSTEM

USE OF MAIL TO EFFECT FILING:
Is Posting of Summons and Complaint to Clerk on Last Day Timely If Papers Are Not Received That Day?

REDEMPTION WITH SECOND SERVICE?:
If Service Inadvertently Precedes Filing, Can P Correct Things by Serving Again, After Filing, If Still Within the 120 Days?

 
 
NEW LAWS

RESTRAINING NOTICES:
If Garnishee Consents, Restraining Notice May Be Served in Form of Magnetic Tape Instead of Usual Paper

DISCOVERY EXPENSES:
Even With Discovery Incidental to Deposition, Expenses of Nonparty Must Be Defrayed by Seeking Party

DEFAULT JUDGMENTS:
All Appearing Defendants Are Entitled to Notice of Application for Default Judgment Whether Made to Court or Clerk


 
GENERAL PRACTICE

CONSORTING WITH ARBITRATORS?:
Party Engaging in Questionable Conduct with Arbitrator Can't Undo Award When It Nevertheless Goes Against Him

SETTLEMENTS IN TORT CASES:
Seeking to Ascertain the Existence of Other Tortfeasors Who May Have Settled with the Plaintiff

 
 
BACKLOG ITEMS

FRIVOLITY SANCTIONS:
No Sanction for D's Not Voluntarily Acknowledging Mail Service, and P's Lawyer Gets Sanctioned for Asking for It

INTEREST ON VERDICT:
When Defendant Agrees to Additur by Appellate Court, Interest Runs from Original Verdict and Covers Added Segment, Too


 
FEDERAL JURISDICTION AND PRACTICE

JURISDICTION OF ALIENS:
Alien on One Side v. Citizen and "Permanent Resident Alien" on the Other: Dispute About Whether There's Jurisdiction

JUDGES' INDIVIDUAL RULES:
By Whatever Name They Go, Individual Rules of District or Judge Must Conform to FRCP Rule 83 and 28 USC 2077

         
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