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MAY 1996
 
Overview of topics...

Lead Note:

THE AUTOMATIC STAY ON APPEAL UNDER CPLR 5519(a)(1): THE SECOND DEPARTMENT CLARIFIES JUST HOW MUCH IS "STAYED" WHEN A MUNICIPALITY APPEALS

General Practice:

 

  • Effect of "Minor" Amendment of Lis Pendens
  • Consequence of Violating Condition of Conditional Dismissal
  • No Second Deposition Even Though Surveillance Taping Followed First One
  • Trying for Mechanic's Lien in Court When Dispute Itself Is Arbitrable

Backlog Items:

 

  • Effect of P's Dallying After 90-Day Notice to File Note of Issue
  • Need, on Renewal Motion, for Explanation of Absent Evidence
  • Remedy for P in Suit Against Decedent for Whom No Representative Appointed
  • Only Post-Action Settlement Stipulation Can Call for Default Judgment
  • Method of Service on Trustee

Open Citations:

 

  • Young (Issue 34/Page 1): 213 A.D.2d 1084.

 ARTICLE HEADLINES

FEATURE ARTICLE:
THE AUTOMATIC STAY ON APPEAL UNDER CPLR 5519(a)(1): THE SECOND DEPARTMENT CLARIFIES JUST HOW MUCH IS "STAYED" WHEN A MUNICIPALITY APPEALS


 GENERAL PRACTICE

LIS PENDENS:
Minor Amendment of Lis Pendens Doesn't Impair Its Validity

CONDITIONAL DISMISSALS:
If P Violates Condition of Forum Non Conveniens Dismissal, D Can Plead Otherwise Prohibited Defense

 
SURVEILLANCE TAPES:
If P's Prior Deposition Explored All Injuries, Second Deposition Need Not Be Allowed as Condition to Getting Later-Made Tapes

MECHANICS' LIENS AND ARBITRATION:
Bringing Action to Preserve Mechanic's Lien Does Not Waive Right to Arbitrate


 BACKLOG ITEMS

WANT OF PROSECUTION:
P's Disclosure Dallying During the 90-Day Notice Period Brings Dismissal

 
RENEWAL MOTIONS:
On Motion to Renew, Explanation Needed for Why the New Evidence Was Not Previously Submitted

SUING AN ESTATE:
What Remedy for Plaintiff With Claim Against Estate for Which No Representative Has Been Appointed?

STIPULATIONS OF SETTLEMENT:
Provision Allowing Stipulation to Support Default Judgment Applies Only to Stipulation Made During Pending Action

SERVICE ON TRUSTEES:
Trustee Can Be Served by Any of the Various CPLR 308 Methods

         
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