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August, 2006
 

Overview of topics...

LEAD NOTE:

INJUNCTIVE AID IN ENFORCING MONEY JUDGMENTS
Can Nonparty Be Enjoined from Transferring Assets?

GENERAL PRACTICE:

  • New York Interest Rate, Not Federal Interest Rate, Held Applicable to Federal Judgment Docketed in New York
  • Old Case Continues to Rule: Union, as Unincorporated Association, Is Liable Only When Every Member Is
  • In "Novel Approach", Court Sets Up Special Procedures and Requirements Before Confirming Arbitration Awards Against Delinquent Credit Card Debtors
  • Confirmation of Attachment Denied Because Application for It Not Made Within Five Days After Levy
  • No Pre-Action Disclosure in Lower Court Unless Seeker Shows Action Itself Would Fit Its Jurisdiction

BACKLOG ITEMS:

  • There's No Obligation to Reduce Oral Order to Written One, So 60-Day Rule for Submitting Order for Entry Doesn't Apply
  • Filing Initiatory Papers with "Court" Clerk Instead of "County" Clerk Again Brings Jurisdictional Dismissal

SPECIAL NOTE:

  • Is Insurer Liable for Malpractice of Attorney It Assigned to Represent Insured in Tort Action?


 ARTICLE HEADLINES


Feature Article:

INJUNCTIVE AID IN ENFORCING MONEY JUDGMENTS
Can Nonparty Be Enjoined from Transferring Assets?

General Practice:

RATE OF INTEREST
New York Interest Rate, Not Federal Interest Rate, Held Applicable to Federal Judgment Docketed in New York

UNION LIABILITY
Old Case Continues to Rule: Union, as Unincorporated Association, Is Liable Only When Every Member Is

 

 
CREDIT CARD DEBT
In "Novel Approach", N.Y.C. Civil Court Sets Up Special Procedures and Requirements Before Confirming Arbitration Awards Against Delinquent Credit Card Debtors

ATTACHMENT FAILS
Confirmation of Attachment Denied Because Application for It Not Made Within Five Days After Levy

PRE-ACTION DISCLOSURE
No Pre-Action Disclosure in Lower Court Unless Seeker Shows Action Itself Would Fit Its Jurisdiction

 

 


Backlog Items:

ORAL ORDERS
There's No Obligation to Reduce Oral Order to Written One, So 60-Day Rule for Submitting Order for Entry Doesn't Apply

ANOTHER "MENDON PONDS" CASE
Filing Initiatory Papers with "Court" Clerk Instead of "County" Clerk Again Brings Jurisdictional Dismissal

Special Note :

IS INSURER LIABLE FOR MALPRACTICE OF ATTORNEY IT ASSIGNED
TO REPRESENT INSURED IN TORT ACTION?

 

         
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