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?
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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
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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 ó2077
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