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July, 2005
 

Overview of topics...

Lead Note:

CONDITIONING DENIAL OF EXTENSION OF TIME ON ADVERSARY'S WAIVER OF SERVICE OBJECTION: DOES IT VIOLATE CIVILITY STANDARD?

Special Note:

  • Failing to Get Arbitration Award Converted into Judgment Is Malpractice

General Practice:

  • Service Direction in Show Cause Order Must Be Followed Precisely; Statutory Time Extensions for Conventional Service Don't Apply
  • Even Agreement Made at Pretrial Conference Must Be Written to Be Binding; This Is Not "Open Court"
  • Using New York Restraining Notice in Connection with Federal Judgment
  • D's Reply to P's Answering Papers Is Timely Merely Because Mailed One Day Before Return Day of Motion
  • Validity of Insurance Disclaimer Is Tested with Declaratory Action, But Injured Person Can't Bring It
  • Whether Plaintiff in Personal Injury Suit Has Filed for Bankruptcy Is Relevant Question and Must Be Answered
  • If Ex Parte Motion to Vacate Ex Parte Order Is Made to Same Judge That Granted It, Will CPLR 5704 Permit Application to Appellate Division?

Backlog Items:

  • Appellate Court Sua Sponte Raises the 60-Day Limit on D's Moving to Dismiss for Improper Service
  • Key Difference Between State and Federal Acts: Time in Which to Contest Award
  • Appellate Court in First Instance Finds Papers Fraudulent and Allows Sanctions; Among Papers Was Signature of Deceased Notary


 ARTICLE HEADLINES


FEATURE ARTICLE:
CONDITIONING DENIAL OF EXTENSION OF TIME ON ADVERSARY'S WAIVER OF SERVICE OBJECTION: DOES IT VIOLATE CIVILITY STANDARD?

Special Note:

FAILING TO GET ARBITRATION AWARD CONVERTED
INTO JUDGMENT IS MALPRACTICE

General Practice :

SHOW CAUSE ORDERS
Service Direction in Order Must Be Followed Precisely; Statutory Time Extensions for Conventional Service Don't Apply

STIPULATIONS
Even Agreement Made at Pretrial Conference Must Be Written to Be Binding; This Is Not "Open Court"

 

 


ENFORCEMENT OF JUDGMENTS
Using New York Restraining Notice in Connection with Federal Judgment

TIME FOR REPLY PAPERS
D's Reply to P's Answering Papers Is Timely Merely Because Mailed One Day Before Return Day of Motion

INSURER'S DISCLAIMER
Validity of Insurance Disclaimer Is Tested with Declaratory Judgment Action, But Injured Person Can't Bring It

DEPOSITION DISRUPTIONS
Whether Plaintiff in Personal Injury Suit Has Filed for Bankruptcy Is Relevant Question and Must Be Answered

 

 


EX PARTE APPLICATIONS
If Ex Parte Motion to Vacate Ex Parte Order Is Made to Same Judge That Granted It, Will CPLR 5704 Permit Application to Appellate Division?

Backlog Items:

IMPROPER SERVICE OBJECTION
Appellate Court Sua Sponte Raises the 60-Day Limit on D's Moving to Dismiss for Improper Service

ARBITRATION
Key Difference Between State and Federal Acts: Time in Which to Contest Award

FRAUDULENT PAPERS
Appellate Court in First Instance Finds Papers Fraudulent, and Allows Sanctions; Among Papers Is Signature of Deceased Notary

         
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