FEATURE ARTICLE:
FREQUENT PROBLEMS OF TIMING CROSS-MOTIONS
— INCLUDING COMPLICATIONS MET WHEN CROSS-MOTION IS REARGUMENT
MOTION — GET SPECIAL ATTENTION FROM COURT
General
Practice Points:
LIS PENDENS
Fourth Dep't Says That Second Lis Pendens Is Okay in Mortgage Foreclosures
Even After First One Lapses
LATE NOTICE OF CLAIM
Complaint Itself Held Permissible Housing for Request to
File Late Notice; Separate Motion or Proceeding Not Necessary
FORUM NON CONVENIENS
Prolonged Trial Delay in Foreign Forum Is
Not Ground for New York's Entertaining Case
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ALTERNATE JURORS
When One of Two Alternate Jurors Must Be Used, Selection Between Them Must Be
Random
SANCTION ON CALENDAR RESTORATION
Can Motion to Restore Made Within Year After Calendar Striking Be Conditioned
on Plaintiff's Attorney Paying a Money Penalty?
MILITARY AFFIDAVIT
Where Military Affidavit Is Not Filed
Until After Default Is Taken, Defect Is Held Jurisdictional and
Judgment Is "Void
Ab Initio"
Special
Note:
DEFENDANT DOMICILED IN N.Y. AT TIME OF OUTSIDE-STATE
ACCIDENT REMAINS SUBJECT TO N.Y. JURISDICTION EVEN AFTER MOVING
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Backlog
Items:
LAXNESS DISMISSALS
Third Department Squarely Behind Second's Lopez Case on Dividing
Line Between CPLR 3216 and CPLR 3404 Dismissals
INTEREST ON CLAIM
Interest on Quantum Meruit Claim Denied Because of Delay in Pursuing
Claim, Although Claim Itself Is Sustained
ENFORCING FOREIGN JUDGMENTS
Default by Defendant Doesn't Bar Court
from Looking Into Basis of Foreign Forum's Jurisdiction
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