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
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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
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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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