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October, 2007
 

Overview of topics...

LEAD NOTE :

  • WHEN SUMMONS IS SERVED WITH MERE NOTICE, MOTION TO DISMISS FOR FAILURE TO STATE CLAIM CAN'T BE MADE UNTIL COMPLAINT IS SERVED

SPECIAL NOTE:

  • More on When 30-Day Period for Federal Removal Starts WhenP's Money Claim in State Court Doesn't Clearly Exceed $75,000

GENERAL PRACTICE:

  • Court Rejects Deposition Because Not Shown Witness, Though in Out-of-State "Facility", Couldn't Attend Trial; Dismisses Case
  • Motion to Vacate Lis Pendens May Be Made If P Fails to Prosecute Action Diligently, But Motion Does Not Test Merits
  • Full Faith and Credit v. Comity: Belgian Judgment That Refused to Consider Turkish Judgment Doesn't Get Recognition from New York
  • Unexecuted Deposition Is Not Acceptable; Absence of Execution Makes It Unusable on Summary Judgment Motion
  • Reciting Wrong Date of Entry in Order Stops Running of Relevant Time Periods
  • Judgment for $7 Million in Court That Has Only $25,000 Jurisdiction?

BACKLOG ITEMS:

  • Sheriff Not Entitled to Poundage from D When, After Levy, D Merely Files Bond on Appeal from P's Money Judgment
  • Striking of D's Answer Is Default, Starting One Year in Which P Must Apply for Default Judgment
  • Conflict on Retroactivity of Federal Law Barring Tort Suit Against Car Leasing Company
  • P's Attorney Can't Sign Stipulation in Behalf of D Based on D's Alleged Oral Consent to It

 


 ARTICLE HEADLINES


Feature Article:

WHEN SUMMONS IS SERVED WITH MERE NOTICE, MOTION TO DISMISS FOR FAILURE TO STATE CLAIM CAN'T BE MADE UNTIL COMPLAINT IS SERVED

Special Note:

REMOVAL TO FEDERAL COURT
More on When 30-Day Period for Removal Starts When P's Money Claim in State Court Doesn't Clearly Exceed $75,000

General Practice:

DEPOSITION DEFAULT
Court Rejects Deposition Because Not Shown Witness, Though in Out-of-State "Facility", Couldn't Attend Trial; Dismisses Case

LIS PENDENS
Motion to Vacate Lis Pendens May Be Made If P Fails to Prosecute Action Diligently, But Motion Does Not Test Merits

 

 


FULL FAITH AND CREDIT v. COMITY
Belgian Judgment That Refused to Consider Turkish Judgment Doesn't Get Recognition from New York

UNEXECUTED DEPOSITIONS
Unexecuted Deposition Is Not Acceptable; Absence of Execution Makes It Unusable on Summary Judgment Motion

ERROR IN ENTERING ORDER
Reciting Wrong Date of Entry in Order Stops Running of Relevant Time Periods

CIVIL COURT JURISDICTION
Judgment for $7 Million in Court That Has Only $25,000 Jurisdiction?

 

 



Backlog Items:

SHERIFF'S POUNDAGE
Sheriff Not Entitled to Poundage from D When, After Levy, D Merely Files Bond on Appeal from P's Money Judgment

DEFAULT IN TAKING DEFAULT
Striking of D's Answer Is Default, Starting One Year in Which P Must Apply for Default Judgment

"GRAVES" AMENDMENT
Conflict on Retroactivity of Federal Law Barring Tort Suit Against Car Leasing Company

AGENCY FOR ORAL STIPULATION?
P's Attorney Can't Sign Stipulation in Behalf of D Based on D's Alleged Oral Consent to It

 

         
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