Siegel's Practice Review - May, 2006 Headlines & Topics


May, 2006

Overview of topics...

LEAD NOTE:

RETURN DAY OF MOTIONS -
IS MOTION THAT SATISFIES NOTICE REQUIREMENTS REJECTABLE BECAUSE RETURN DAY SELECTED WAS NOT ONE ON WHICH JUDGE HEARD MOTIONS?

GENERAL PRACTICE:

Revision of 60-Day Rule for Sending of Reminder Letter to Judge Is Amended to Prescribe Exact Words to Be Used
Mortgage "Executed" Before JC's Judgment Is Docketed Gets Priority in the Mortgagor/JD's Real Property, Even Though Mortgage Not Recorded Until After the Docketing
Clerk Who Refused to Accept Mere Copies, Insisting on Originals, Is Ordered to Accept the Copies
Extension of Three-Year Lis Pendens Period Denied Because Motion Was Not Made -- and Disposed of -- During the Original Period
Can't Use Reargument or Renewal Motion to Circumvent the 15-Day Limit on Post-Trial Motions Imposed by CPLR 4405

SPECIAL NOTE:

Levying Against Intangible Property: Judgment Creditor Levying on Patent That Debtor Owns Finds Receivership the Most Appropriate Enforcement Device

BACKLOG ITEMS:

Reply and Cross-Claim Differences Between Ordinary Actionsand Special Proceedings
Where the Only Defendant with Bronx Contacts Is MD Whom P Then Drops as Party, Venue Change to Westchester Granted
P, Not Guest in Club, Sued It as Guest Anyway; Sanction of $10,000 Imposed
Dismissal for Failure to Serve Complaint Found Not to Be Neglect to Prosecute, so Six Months Is Available for New Action
In Summary Proceeding, L Is Entitled to Full Prejudgment Interest from T

ARTICLE HEADLINES

Feature Article:

RETURN DAY OF MOTIONS -
IS MOTION THAT SATISFIES NOTICE REQUIREMENTS REJECTABLE BECAUSE RETURN DAY SELECTED WAS NOT ONE ON WHICH JUDGE HEARD MOTIONS?

General Practice:

REMINDER LETTER
Revision of 60-Day Rule for Sending of Reminder Letter to Judge Is Amended to Prescribe Exact Words to Be Used

MORTGAGEE VERSUS JUDGMENT CREDITOR
Mortgage "Executed" Before JC's Judgment Is Docketed Gets Priority in the Mortgagor/JD's Real Property, Even Though Mortgage Is Not Recorded Until After the Docketing

WILL COPIES DO?
Clerk Who Refused to Accept Mere Copies, Insisting on Originals, Is Ordered to Accept the Copies

LIS PENDENS
Extension of Three-Year Period Denied Because Motion Was Not Made -- and Disposed of -- During the Original Period

POST-TRIAL MOTIONS
Can't Use Reargument or Renewal Motion to Circumvent the 15-Day Limit on Post-Trial Motions Imposed by CPLR 4405

Special Note :

LEVYING AGAINST INTANGIIBLE PROPERTY
JUDGMENT CREDITOR LEVYING ON PATENT THAT DEBTOR OWNS FINDS RECEIVERSHIP THE MOST APPROPRIATE ENFORCEMENT TOOL

Backlog Items:

ARTICLE 78 PROCEEDING
Reply and Cross-Claim Differences Between Ordinary Actionsand Special Proceedings

VENUE
Where the Only Defendant with Bronx Contacts Is MD Whom P Then Drops as Party, Venue Change to Westchester Granted

SANCTION FOR IMPROPER JOINDER
P, Not Guest in Club, Sued It as Guest Anyway; Sanction of $10,000 Imposed

NEGLECT TO PROSECUTE
Dismissal for Failure to Serve Complaint Found Not to Be Neglect to Prosecute, so Six Months Is Available for New Action

SUMMARY PROCEEDINGS
In Summary Proceeding, L Is Entitled to Full Prejudgment Interest from T