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August, 2004
 

Overview of topics...

Lead Note:

CAN AN "ARBITRARY AND CAPRICIOUS" FINDING THAT OVERTURNS MUNICIPAL ACTION IPSO FACTO QUALIFY AS "FRIVOLOUS" SO
AS TO SUBJECT THE MUNICIPALITY TO A MONEY SANCTION, TOO?

New Laws:

  • Confidentiality of Addresses, Long Within Family Court's Power to Order, May Now Be Ordered in Any Civil Action
  • Governor Rejects Attempt to Amend Several Key Laws as Unnecessary to Cure Mendon Ponds Problem

General Practice:

  • When Does 30-Day Period Start in Diversity Case When State Procedure Doesn't Require Allegation of Amount Sought?
  • Disagreement on Whether Renewal Motion May Be Based on Evidence Available But Not Submitted Earlier
  • D's Refusal to Deny Service Outside U.S., Insisting It's P's Burden to Prove Service, Results in Sustaining of Jurisdiction

Special Note:

  • May Fictitious Return Date Be Used to Start Special Proceeding, with Mere Notice That Correct Date Will be Set Later?

Backlog Items :

  • Fraud Ground Okay for Vacating Judgment Even If Newly Discovered Evidence Ground Not Available
  • Later New York Action Prevails Where D's Prior California Action Was Brought "Duplicitously" Just to Attain Priority

 


 ARTICLE HEADLINES


FEATURE ARTICLE:

CAN AN "ARBITRARY AND CAPRICIOUS" FINDING THAT OVERTURNS MUNICIPAL ACTION IPSO FACTO QUALIFY AS "FRIVOLOUS" SO
AS TO SUBJECT THE MUNICIPALITY TO A MONEY SANCTION, TOO?

New Laws:

CONFIDENTIALITY OF ADDRESSES
Confidentialty of Addresses, Long Within Family Court's Power to Order, May Now Be Ordered in Any Civil Action

VETOED LAW
Governor Rejects Attempt to Amend Several Key Laws as Unnecessary to Cure Mendon Ponds Problem

 

 


General Practice:

FEDERAL REMOVAL
When Does 30-Day Period Start in Diversity Case When State Procedure Doesn't Require Allegation of Amount Sought?

MOTION TO RENEW
Disagreement on Whether Renewal Motion May Be Based on Evidence Available But Not Submitted Earlier

HAGUE CONVENTION
D's Refusal to Deny Service Outside U.S., Insisting It's P's Burden to Prove Service, Results in Sustaining of Jurisdiction

Special Note:

MAY FICTITIOUS RETURN DATE BE USED TO START SPECIAL PROCEEDING, WITH MERE NOTICE THAT CORRECT DATE WILL BE SET LATER?

 

 


Backlog Items:

VACATING JUDGMENTS
Fraud Ground Okay for Vacating Judgment Even If Newly Discovered Evidence Ground Not Available

PRIORITY OF ACTIONS
Later New York Action Prevails Where D's Prior California Action Was Brought "Duplicitously" Just to Attain Priority

 

         
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