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November, 2007
 

Overview of topics...

LEAD NOTE :

  • RULE 137 PROCEDURE FOR RESOLVING ATTORNEYS' FEE DISPUTES
    Trial de Novo in Court Is Allowed to Cancel Arbitration Fees Award, But in What Court?

SPECIAL NOTE:

  • More Mischief by Starting Action with Only Summons and Notice; No Amendment of Right Will Help

GENERAL PRACTICE:

  • Defect of Plaintiff's Afterwards Using, for Main Action, Index Number of Pre-Action Discovery Application, May Be Waived by Defendant, But Only Within Action Itself
  • When Appellate Division Has Ordered Default Judgment Against D, Has Supreme Court Jurisdiction to Vacate It?
  • CPLR 5003-a, Imposing Interest and Costs When Insurer Delays Settlement Payment, Doesn't Apply to Pre-Action Settlement
  • Lawyer Is Guilty of Malpractice for Bringing Suit in Civil Court When Damages Might Exceed Its Jurisdiction

BACKLOG ITEMS:

  • Parties' Stipulation to Take Case Off Calendar Is Not a CPLR 3404 Striking That Requires Restoration Within Year
  • Court Refuses to Strike D's Answer for Destroying Hard Drive Because P Had Already Examined It
  • Sheriff Has No Standing to Move to Increase Judgment Debtor's Exemption on Homestead Levy
  • Are Disclosure Tools Sought Only as to Damages Available to Defendant Who Defaulted on Liability?

 


 ARTICLE HEADLINES


Feature Article:

RULE 137 PROCEDURE FOR RESOLVING ATTORNEYS' FEE DISPUTES
Trial de Novo in Court Is Allowed to Cancel Arbitration Fees Award, But in What Court?

Special Note:

MORE MISCHIEF BY STARTING ACTION WITH ONLY SUMMONS AND NOTICE
No Amendment of Right Allowed, as It Is for Complaint

General Practice:

WAIVING JURISDICTIONAL OBJECTION
Defect of Plaintiff's Afterwards Using, for Main Action, Index Number of Pre-Action Discovery Application, May Be Waived by Defendant, But Only Within Action Itself

 

 


VACATING DEFAULTS
When Appellate Division Has Ordered Default Judgment Against D, Has Supreme Court Jurisdiction to Vacate It?

INTEREST ON SETTLEMENT
CPLR 5003-a, Imposing Interest and Costs When Insurer Delays Settlement Payment, Doesn't Apply to Pre-Action Settlement

LEGAL MALPRACTICE
Lawyer Is Guilty of Malpractice for Bringing Suit in Civil Court When Damages Might Exceed Its Jurisdiction

Backlog Items:

DISTINGUISHING CALENDAR STRIKINGS
Parties' Stipulation to Take Case Off Calendar Is Not a CPLR 3404 Striking That Requires Restoration Within Year

 

 


DESTROYED HARD DRIVE
Sheriff Not Entitled to Poundage from D When, After Levy, D Merely Files Bond on Appeal from P's Money Judgment

DEBTOR'S HOMESTEAD EXEMPTION
Sheriff Has No Standing to Move to Increase Judgment Debtor's Exemption on Homestead Levy; Party Must Do That

DEFAULT INQUEST
Are Disclosure Tools Sought Only as to Damages Available to Defendant Who Defaulted on Liability?

 

         
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