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APRIL 1996
 
Overview of topics...

Lead Note:

NEW LAW: JOINDER OF PARTIES WITHOUT COURT LEAVE NOW PERMITTED

New Laws:

 

  • Mere Existence of Issues of Fact Not to Bar Preliminary Injunction
  • Informal Rulings During Conferences Must Be Reduced to Writing

General Practice:

 

  • Consequence of D's Delaying Application for Default on Counterclaim
  • Form and Venue of Applications Affecting Arbitrable Controversy
  • Additional Mail Notice Not Jurisdictional; Affects Default
  • No Priority for Action Commenced Without Complaint

Backlog Items:

 

  • Effort Needed Before Using "John Doe" Summons
  • Evading Requirement That Corporation Appear Through Attorney?

Open Citations:

 

  • Bartlett (Issue 42/Page 2): 166 Misc.2d 317.

 ARTICLE HEADLINES

FEATURE ARTICLE:

 NEW LAW

JOINDER OF PARTIES WITHOUT COURT LEAVE NOW PERMITTED

NEW LAW ON INJUNCTIONS:
Raising of Issue of Fact by Defendant Will Not by Itself Suffice to Deny Plaintiff Preliminary Injunction

NEW LAW ON INFORMAL RULINGS:
Orders and Rulings Made by Judges in Conferences or in Chambers Must Be Reduced to Writing at Party's Request

 
 GENERAL PRACTICE

COUNTERCLAIM DEFAULT:
Defendant's Failure to Seek Default Judgment on Counterclaim During One-Year Period Brings Its Dismissal

VENUE OF ARBITRATION APPLICATION:
If Earlier Proceeding Is Brought Concerning Arbitration, Later Application Should Be Made in That Proceeding

ADDITIONAL MAIL NOTICE:
Want of Added Notice in Contract Case Is Not Jurisdictional, But Precludes Default Judgment

 
DEFERENCE TO PRIOR ACTION:
To Dismiss One Action in Deference to Earlier One, Complaint Must Have Been Served in Earlier One


 BACKLOG ITEMS

"JOHN DOE" SUMMONS:
Plaintiff Can't Use "John Doe" Summons Without Diligent Effort to Identify Defendant First

REPRESENTATION OF CORPORATIONS:
Corporate Defendant Can't Just Assign to an Individual a "Debt" It Has to Plaintiff So As to Avoid Retaining Attorney

         
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