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March, 2007
 

Overview of topics...

LEAD NOTE :

  • NEW YORK LAWYER'S SERVICES IN NEW YORK FOR FOREIGN DEFENDANT SUPPORT NEW YORK LONGARM JURISDICTION IN FEE ACTION EVEN THOUGH PLAINTIFF LAWYER NEVER LEFT NEW YORK AND DEFENDANT NEVER ENTERED IT

GENERAL PRACTICE:

  • E-Mail Won't Do for Stipulation of Settlement Because Statute Requires Signed Writing
  • Court Has Discretion to Order Video Conferencing of Deposition Despite Objection by Party
  • Defective Service in State Action That's Removed to Federal Court Can Be Remedied by Re-Service Under Federal Rules
  • Court Vacates Judgment Confessed by H in Favor of His Mother While W Was Preparing Divorce; "Badge" of Fraud Found
  • Good Example of Penalty for Violation of Preliminary Injunction: Fine in Amount P Lost by D's Conduct

SPECIAL NOTE:

  • Review of CPLR 3213 Summary Judgment Motion; Effect of Demanding Answering Papers Earlier Than Permissible

BACKLOG ITEMS:

  • Fax Trading of Unsigned Correspondence Suffices to Bind Parties to Arbitration Agreement
  • Party Can Be Excluded from Deposition Only in Unusual Circumstances
  • Internal Inconsistency in Arbitration Award Requires Vacatur by Court
  • Can't "Remove" Administrative Proceeding to Court
  • Pendency of Mortgagee's Action on Underlying Debt Extends Time for Bringing Foreclosure Action
  • Court Applies Same Res Judicata Rule to Settlement as Applies to Judgment
  • Six-Month Extension for New Action Is Measured from Order of Dismissal, Not Later Entry of Judgment on It

 ARTICLE HEADLINES


Feature Article:

NEW YORK LAWYER'S SERVICES IN NEW YORK FOR FOREIGN DEFENDANT SUPPORT NEW YORK LONGARM JURISDICTION IN FEE ACTION EVEN THOUGH PLAINTIFF LAWYER NEVER LEFT NEW YORK AND DEFENDANT NEVER ENTERED IT

General Practice:

USING E-MAIL FOR SETTLEMENT?
E-Mail Won't Do for Stipulation of Settlement Because Statute Requires Signed Writing

VIDEO TELECONFERENCING
Court Has Discretion to Order Video Conferencing of Deposition Despite Objection by Party

SERVICE IN REMOVED ACTION
Defective Service in State Action That's Removed to Federal Court Can Be Remedied by Re-Service Under Federal Rules

FRAUD UNDOES CONFESSED JUDGMENT
Court Vacates Judgment Confessed by H in Favor of His Mother While W Was Preparing Divorce

 

 


CIVIL CONTEMPT
Good Example of Penalty for Violation of Preliminary Injunction: Fine in Amount P Lost by D's Conduct

Special Notes:

THE CPLR 3213 SUMMARY JUDGMENT MOTION/ACTION
Demanding Answering Papers Earlier Than Permissible Is Jurisdictional Defect and Mandates Dismissal Even If D Has Defaulted

Backlog Items:

ARBITRATION AGREEMENTS
Fax Trading of Correspondence, Though Unsigned, Suffices to Bind Parties to Arbitration Agreement

EXCLUSION FROM DEPOSITION?
Party Can Be Excluded from Deposition Only in Unusual Circumstances

 

 


ARBITRATION AWARDS
Internal Inconsistency in Award Requires Vacatur by Court

ADMINISTRATIVE PROCEEDINGS
Can't "Remove" Administrative Proceeding to Court

MORTGAGE FORECLOSURE
Pendency of Mortgagee's Action on Underlying Debt Extends Time for Bringing Foreclosure Action

SETTLEMENT AS RES JUDICATA?
Court Applies Same Res Judicata Rule to Settlement as Applies to Judgment

CPLR 205(a) TIME EXTENSION
Six-Month Extension for New Action Is Measured from Order of Dismissal, Not Later Entry of Judgment on It

 

         
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