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JULY 1995
 
Overview of topics...

Lead Note:

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:

 

  • Anticipatory Defense of Statute of Limitations
  • Interplay with Substituted Service

General Practice:

 

  • Relying on Caption Technicality Produces Unliftable Default
  • Judge's Notes Aren't "Open Court" for Settlement Purposes
  • Trying to Evade Equitable Distribution with Sister-State "Annulment"

Federal Practice:

 

  • "Good" Cause Versus Just "Some" Cause for Extending Time for Service?

Open Citations:

 

  • Fischman (Issue 29/Page 3): 209 A.D.2d 916.

 ARTICLE HEADLINES

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?

         
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