Search the Issue Highlights:  

Search Tips

Issue Index About SPR Subscriptions The Author  
 

 

 
     

MAY 1995
 
Overview of topics...

Lead Note:

EMERGING TACTICAL PLOYS WITH SURVEILLANCE TAPES: MAY D WITHHOLD TAPE UNTIL CORRECTED DEPOSITION RETURNED? WHAT ABOUT TAPE MADE AFTER P'S ORIGINAL DEMAND FOR DISCOVERY?

The Filing System:

 

  • Is Nunc Pro Tunc Filing Okay?
  • Do the 120 Days for New Action Apply in CPLR 325(d) Transferred-Down Case?

General Practice:

 

  • Need "Affirmation" Accompany Motion to Compel Compliance with Bill of Particulars Demand?
  • CPLR 308 Filing Requirements Affect Only Answering Time
  • Special Proceeding Available to Set Aside Fraudulent Transfer

Backlog Items:

 

  • Taking Precautionary Appeal from Subsequent Related Orders
  • No Frivolity Sanctions for Merely Inconsiderate Conduct

Federal Practice:

 

  • Does Removal to Federal Court Waive Jurisdictional Objection?

Open Citations:

 

  • FCNB (Issue 30/Page 2): 163 Misc.2d 152.

 ARTICLE HEADLINES

FEATURE ARTICLE:
EMERGING TACTICAL PLOYS WITH SURVEILLANCE TAPES: MAY D WITHHOLD TAPE UNTIL CORRECTED DEPOSITION RETURNED? WHAT ABOUT TAPE MADE AFTER P'S ORIGINAL DEMAND FOR DISCOVERY?


 
THE FILING SYSTEM

NUNC PRO TUNC FILING:
No Simple Nunc Pro Tunc Filing Under Present Law, in Contrast with the Short-Lived Original Filing Law

DISMISSAL FOR IMPROPER SERVICE:
Does the 120-Day Extension for New Action Apply in an Action Transferred from Supreme to Lower Court under CPLR 325(d)?

 
 
GENERAL PRACTICE

BILL OF PARTICULARS:
Must Motion to Compel Compliance Be Accompanied by Affirmation of Good Faith Attempt to Resolve Issues?

SUBSTITUTED SERVICE UNDER CPLR 308(2):
App.Div. Case Shows How Failure to File Proof of Service Under This Provision Is Not Jurisdictional; Contrast Regular Filing Rules

FRAUDULENT TRANSFERS:
Using Facile Special Proceeding to Secure Money Judgment Against Fraudulent Transferee

 
 
BACKLOG ITEMS

APPEAL IN MULTIPLE ORDER CASES:
Appealing Judgment Won't Cover Later Order Refusing Additional Allowance; Separate Notice of Appeal from Later Order Needed

FRIVOLITY SANCTIONS:
No Sanction Even Though Lawyer Traveled Across Much of State to Answer Motion That Adversary Adjourned Without Notice


 FEDERAL PRACTICE

DOES REMOVAL TO FEDERAL COURT WAIVE OBJECTION TO PERSONAL JURISDICTION?

         
  ©1993 David D. Siegel  All rights reserved.   |   Web design & hosting by Azurelink.   |  Site Comments?