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DECEMBER 1994
 
Overview of topics...

Lead Note:

FURTHER PROBLEMS WITH ATTEMPTED USE OF "MAIL DROP" SERVICE

New Laws:

 

  • New Requirements About Size of Type in Litigation Papers

General Practice:

 

  • Use of Verified Complaint to Prove Merits on Default Application
  • No Discovery of Plaintiffs' Settlement Tactics
  • Need Each Winning Party Serve Separate Notice of Entry?

Backlog Items:

 

  • Time for State Court Action After Federal Dismissal
  • Lawyer's Liability for Proceeds of Execution
  • Answering Time in Special Proceeding

Open Citations:

 

  • Court (Issue 19/Page 1): 161 Misc.2d 552, 613 N.Y.S.2d 322.
  • Gersten (Issue 23/Page 3): 161 Misc.2d 57, 613 N.Y.S.2d 555.

 ARTICLE HEADLINES

FEATURE ARTICLE:
FURTHER PROBLEMS WITH ATTEMPTED USE OF "MAIL DROP" SERVICE

• Availability of Court-Ordered Service Under Paragraph 5 Affected

• Relationship of Claim to "Mail Drop" Address

• Need Defendant Be Using Mail Drop Address at Service Time?

• Is CPLR 308 (with Paragraph 6 Included) Altogether Inapplicable to Corporations?

• If Service Fails, Is There a 120-Day Period for New Service?

 
 NEW LAWS

OCA Clarification About Size of Type in Legal Documents

 GENERAL PRACTICE

DEFAULT APPLICATIONS:
Dispute About Whether Verified Complaint Can Serve as Affidavit of Merits on Default Application

SETTLEMENT TACTICS:
Defendant Not Entitled to Discovery of Agreement Among Plaintiffs About Their Unity in Settling

APPEALS WITH MULTIPLE PARTIES:
Each Winner Should Serve Its Own Notice of Entry in Order to Start Appeal Time Running Against Itself

 
 BACKLOG ITEMS

FEDERAL "SUPPLEMENTAL" JURISDICTION:
Six Months for State Court Action After Claim Dismissed for Want of Federal Jurisdiction Runs from Issuance of Written Order, Not Earlier Oral Decision Announcing It

ATTORNEY'S LIABILITY:
Lawyer Who Misleads Sheriff to Believe He Represents H and W Is Liable to W for Her Share of Execution Proceeds

ANSWER IN SPECIAL PROCEEDING:
If Order to Show Cause Is Used in Special Proceeding and Sets No Specific Time for Answer, Answer Is Okay Up to Return Day

         
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