FEATURE ARTICLE:
PURCHASER OF NEW YORK LAND IS SUBJECT TO SPECIFIC
PERFORMANCE ACTION HERE DESPITE CONDUCTING ALL NEGOTIATIONS BY PHONE
OR MAIL OUTSIDE NEW YORK
 THE
FILING SYSTEM
FILING AMENDED AFFIDAVIT OF
SERVICE:
If P Files Affidavit of Service, But Then
Makes New Service, May P File Amended Affidavit After Expiration of
the 120 Days?
A LESSON IN SUICIDE:
Missing the First 120 Days, Waiting for the
240th Day, and Then Serving and Filing in the Wrong Sequence: Case
Dead
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GENERAL
PRACTICE
SANCTION FOR ABUSING APPELLATE STAY:
Taking Groundless Appeal Just to Secure Automatic
Stay Subjects Appellant City to Frivolity Sanction
DEFAULT VACATUR:
Not Even Defense of Wrong Party Suffices to
Vacate Default Against Defendant Who Failed to Respond For Almost
Two Years
ATTORNEYS' FEES:
In Matrimonial Actions, Attorney in Fee Dispute
Must Notify Client of Right to Arbitrate, and Plead So in Complaint
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DISCONTINUANCES:
Stipulation of Discontinuance Must Be Filed;
Failure to File Means Plaintiff Can Change His Mind and Continue
FEDERAL
PRACTICE
EXCESSIVENESS OF DAMAGES:
Federal Appellate Court in Diversity Case Must
Apply New York's "Deviates Materially" Standard
ENFORCEMENT OF FEDERAL JUDGMENT:
Can't Use State Sheriff to Enforce Execution
Issued by Federal Court; State Sheriff Attempting Levy Therefore Can't
Collect Fee
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