FEATURE ARTICLE:
THE STAY ON APPEAL UNDER CPLR 5519 -- REPRISE:
CAN MUNICIPALITY SECURE STAY OF EVERYTHING JUST BY APPEALING ORDER
DENYING MOTION TO DISMISS?
THE
FILING SYSTEM
INTERPLAY OF DEFENSES:
May D Plead the Statute of Limitations Anticipatorily
by Assuming D's Jurisdictional Defense Will Be Upheld?
|
|
SUBSTITUTED SERVICE AND FILING SYSTEM:
Filing Within 120 Days But Beyond the 20 Days
Allowed by CPLR 308 Requires Nunc Pro Tunc Order and RJI Fee
GENERAL
PRACTICE
DELIBERATE DEFAULT:
Testing Court's Generosity in Vacating Defaults
Backfires on Defendant Who Relied on Caption Technicality
SETTLEMENT STIPULATIONS:
"Personal Notes" of Judge Don't Qualify as
"Open Court" Stipulation
|
|
SISTER-STATE ANNULMENT:
Spouse Seeking to Evade Equitable Distribution
by Getting Sister-State Annulment in Violation of New York Injunction
May End Up Facing It Anyway in Guise of Contempt Penalty
FEDERAL
PRACTICE
Extending the 120 Days of Rule 4(m) for Summons
Service: "Good" Cause Versus Just "Some" Cause?
|