Search the Issue Highlights:  

Search Tips

Issue Index About SPR Subscriptions The Author  
 

 

 
     

July 2002
 

Overview of topics...

Lead Note:

  • Federal Versus New York Arbitration: UNDER FEDERAL ACT, CONFIRMATION MUST BE SOUGHT WITHIN YEAR AFTER AWARD "MADE"; IN NEW YORK ARBITRATION, FROM "DELIVERY" OF AWARD; DIFERRENCE IN RECENT CASE IS $300,000+

General Practice:

  • Rhode Island Lawyer Representing Rhode Island Plaintiff on New York Matter Faces New York Longarm Jurisdiction on Malpractice Claim
  • Jurisdiction Over Claims Between Indians Reviewed; Supreme Court Jurisdiction, Here Stipulated to by Parties, Held OK
  • 3d Dep't, Like 1st, Adopts 2d's Lopez View, On Where to Draw Line Between CPLR 3216 and 3404, the Laxness Dismissals
  • If Lien of Judgment Survives Discharge of Debt in Bankruptcy, Judgment Can Be Renewed to Produce New 10-Year Lien
  • District Court Can't Reduce Demand to Bring Case to Within Its Monetary Jurisdiction
  • In No-Fault "Serious Injury" Case, When Does Interest Run on Damages If There Was Earlier Summary Finding of Culpability?
  • When Filing of Summons and Mere Notice Is Used to Commence Action, Need Later Served Complaint Be Filed?
  • If There's Still Some Time Under Original Statute of Limitations to Commence Fresh Action, What Effect Has the CPLR 205(a) 6 Months?
  • Passenger 1 Sues Railroad and Wins; Passenger 2 Sues and Loses; What Estoppel Rights Does Passenger 3 Have?

 ARTICLE HEADLINES

FEATURE ARTICLE:
Federal Versus New York Arbitration: UNDER FEDERAL ACT, CONFIRMATION MUST BE SOUGHT WITHIN YEAR AFTER AWARD "MADE"; IN NEW YORK ARBITRATION, FROM "DELIVERY" OF AWARD; DIFERRENCE IN RECENT CASE IS $300,000+

GENERAL PRACTICE

LONGARM JURISDICTION OVER LAWYER:
Rhode Island Lawyer Representing Rhode Island Plaintiff on New York Matter Faces Longarm Jurisdiction on Malpractice Claim

JURISDICTION OVER INDIANS:
Jurisdiction Over Claims Between Indians Reviewed; Supreme Court Jurisdiction, Here Stipulated to by Parties, Held OK

 


LAXNESS DISMISSALS:
3d Dep't, Like 1st, Adopts 2d Dep't Lopez View, Drawing Sharp Line Between CPLR 3216 and 3404 and Marking the Division at the Filing of the Note of Issue

"RENEWAL" OF JUDGMENT:
If Lien of Judgment Survives Discharge of Debt in Bankruptcy, It Can Be Renewed to Produce New 10-Year Lien

JURISDICTION OF LOWER COURTS:
District Court Can't Reduce Demand to Bring Case Within Its Monetary Jurisdiction

INTEREST ON "SERIOUS INJURY" FINDING:
In No-Fault "Serious Injury" Case, When Does Interest Run on Damages If There Was Earlier Summary Finding of Culpability?

 
MUST COMPLAINT BE FILED?:
When Filing of Summons and Mere Notice Is Used to Commence Action, Need Later Served Complaint Be Filed?

CPLR 205(a) 6-MONTH EXTENSION:
If There's Still Some Time Under Original Statute of Limitations to Commence Fresh Action, What Effect Has the CPLR 205(a) Six Months?

COLLATERAL ESTOPPEL—
Passenger 1 Sues Railroad and Wins; Passenger 2 Sues and Loses; What Estoppel Rights Does Passenger 3 Have?



         
  ©1993 David D. Siegel  All rights reserved.   |   Web design & hosting by Azurelink.   |  Site Comments?