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APRIL 2000
 
Overview of topics...

Lead Note:

UNAVAILABILITY OF PRELIMINARY INJUNCTION TO STOP DEFENDANT'S TRANSFER OF ASSETS DURING MONEY ACTION POINTS UP IMPORTANCE OF OTHER PROVISIONAL REMEDY: ATTACHMENT--Part I

  Tracking the New Laws:

 

  • Inadvertent Change on Renewal Motion: Failure to Excuse Earlier Omission of Facts Now Mandates Denial
  • Fee Needed for Joining Additional Party on Counterclaim?

General Practice:

 

  • No Pretrial Discovery of Condemnor's Unused Higher Appraisal, Even Though Relevant for Cross-Exam
  • Is Evidentiary Ruling Appealable If Made Before Trial?
  • Superhuman Process Server Carries Due Diligence to New Heights, Almost as High as Perjury
  • Beiny Again? Firm Gets Sanctioned for Ex ParteUse of Subpoena to Get Data from Third Parties
  • Can Civil Court Entertain Motion for Leaveto File GML 50-e Late Notice of Claim?

Federal Jurisdiction and Practice:

 

  • Can "Supplemental" Jurisdiction Be Used to ReachMonetary Threshold in Diversity Class Action?
  • No CPLR 205(a) Toll on Federal Claim After State Dismissal, and No "Equitable Toll" Either

Open Citations:

 

  • Holloway (Issue 90:Page 3): 182 Misc.2d 749, 699 N.Y.S.2d 261.

 ARTICLE HEADLINES

FEATURE ARTICLE:
UNAVAILABILITY OF PRELIMINARY INJUNCTION TO STOP DEFENDANT'S TRANSFER OF ASSETS DURING MONEY ACTION POINTS UP IMPORTANCE OF OTHER PROVISIONAL REMEDY: ATTACHMENT--Part I

 TRACKING THE NEW LAWS

CHANGE IN RENEWAL MOTIONS:
No Longer May Renewal Motion Be Entertained Without Showing Excuse for Omitting Facts Earlier

ADDITIONAL PARTY ON COUNTERCLAIM:
When Defendant Joins Additional Party on Cross-Claim or Counterclaim, Must Additional Fee Be Paid?

 
 GENERAL PRACTICE

DISCOVERY OF APPRAISAL REPORTS:
Condemnor's Unused Appraisal Not Discoverable Before Trial, Although Relevant for Possible Cross-Exam of Appraiser

APPEALABILITY OF MERE RULING?:
Is Determination of Usability of Appraisal Report at Trial a Mere "Ruling" That Must Await Final Judgment for Appellate Review?

DAZZLING "DUE DILIGENCE":
Sensational Server Spans Spacious Stretches in Sworn Statement of Spectacular Service

IMPROPER USE OF SUBPOENA:
Firm Using Subpoena to Get Matter from 3d Party Without Notice to Adverse Party Gets Sanctioned Costs and Attorneys' Fees

 
NOTICE OF CLAIM:
Civil couort Holds It Can Itself Grant Leave to File Late Notice of Claim; Application in Supreme Court Is Not Necessary

 FEDERAL JURISDICTION
     AND PRACTICE


AGGREGATING CLAIMS IN DIVERSITY CASES:
U.S. Supreme Court Fails to Resolve Conflict About Whether Class Plaintiffs Can Use "Supplemental" Jurisdiction

NEW YORK TOLL IN FEDERAL COURT?:
No CPLR 205(a) Six-Month Extension for Exclusively Federal Claim That Had Been Brought in State Court
         
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