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JULY 1994
 
Overview of topics...

Lead Note:

NEW AMENDMENTS ON THE FILING STATUTES

General Practice:

 

  • Peremptory Challenges in Civil Actions
  • D's Right to Depose P Before Giving Up Surveillance Tapes
  • Attempt to Erase Judgment with Generous Settlement
  • What Interest Rate on Foreign Judgment?

Backlog Items:

 

  • Switch to Submitted Controversy in Midst of Litigated Claim
  • Longarm Jurisdiction in Guarantee Cases
  • Federal Jurisdiction and Practice:
  • Jurisdiction to Enforce Settlement
  • Court's Power to Remand Removed Case Sua Sponte

Open Citations:

 

  • Rezucha (Issue 13/Page 4): 159 Misc.2d 855, 606 N.Y.S.2d 969.
  • Espinal (Issue 18/Page 3): 159 Misc.2d 1051.

 ARTICLE HEADLINES

FEATURE ARTICLE:

 
THE FILING SYSTEM

NOTE: NEW AMENDMENTS ON THE FILING STATUTES

In Clarifying Filing Obligations in CPLR 3213 Cases, Court Makes Helpful Suggestions About the Problem of Multiple "Clerk" Categories Generally

Requirement to Commence New Action Within 120 Days After "Automatic Dismissal" of First Action Doesn't Apply If Statute of Limitations Is Still Alive

 
 GENERAL PRACTICE

PEREMPTORY CHALLENGES IN CIVIL ACTIONS:
Appellate Division Overturns Civil Verdict for Discriminatory Use of Peremptories

MORE ON SURVEILLANCE TAPES:
Requirement That P Depose Before Getting Tapes from D Remains in Effect Under Surveillance Statute

ATTEMPT TO ERASE JUDGMENT:
Attempt, in Stipulation of Settlement, to Erase Appellate Decision So As to Deny It Collateral Estoppel Impact, Fails

INTEREST ON FOREIGN JUDGMENT:
What Rate of Interest on a Foreign Judgment, New York's or the Foreign One?

 
 BACKLOG ITEMS

ACTION ON SUBMITTED FACTS:
Switch from Litigated Action to Action on Submitted Facts Okay Right in the Middle of Things

LONGARM JURISDICTION:
Increasing Support for N.Y. Longarm Jurisdiction in Guarantee Cases


 FEDERAL JURISDICTION AND PRACTICE


JURISDICTION TO ENFORCE SETTLEMENT:
Merely Because Settlement Was of Federal Case, Federal Court Won't Necessarily Have Jurisdiction to Enforce It

REMAND TO STATE COURT:
For Mere Procedural Defect in Removal, Court Can't Remand Sua Sponte

         
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