Search the Issue Highlights:  

Search Tips

Issue Index About SPR Subscriptions The Author  
 

 

 
     

April, 2008
 

Overview of topics...

LEAD NOTE :

  • RENEWING NEW YORK JUDGMENT TO SECURE NEW LIEN
    Renewal Suit Must Be Brought Early Enough So That New Judgment Is Granted Within Allotted Time

SPECIAL NOTE:

  • In Review of Notice of Claim Statute, 2d Dep't Denies Leave to File Late Because Basis of Liability Not Shown

GENERAL PRACTICE:

  • Res Judicata Does Not Bar Second Action When First Was Dismissed for P's Disclosure Resistance
  • When P Dies During Action, D Can't Force P's Lawyer to Get Administrator Appointed for P
  • Seeming Admission in P's Statement to Hospital About Where He Was Injured Doesn't Make It "Documentary Evidence" So As to Support Dismissal All by Itself
  • Acknowledging P's Fruitless Efforts to Locate D, Court Orders E-Mail Service
  • Legislature Passes Bill to Deter Libel Claimants from Suing in Foreign Courts to Try to Inhibit Free Speech in New York

BACKLOG ITEMS:

  • Court Award of $150,000 to P for Future Pain and Suffering Not Canceled by P's Death Next Day
  • Lawyer's Telling P That Service Was Made on D and Default Taken -- All Lies -- Prompts Court to Excuse Four-Year Service Delay
  • Contrast Between Federal and State Rule on When to Grant Extension of 120-Day Period for Service of Summons

 ARTICLE HEADLINES


Feature Article:

RENEWING NEW YORK JUDGMENT TO SECURE NEW LIEN
Renewal Suit Must Be Brought Early Enough So That New Judgment Is Granted Within Allotted Time

General Practice:

DISCLOSURE RESISTANCE
Res Judicata Does Not Bar Second Action When First Was Dismissed for P's Disclosure Resistance

EFFECT OF PLAINTIFF'S DEATH
When P Dies During Action, D Can't Force P's Lawyer to Get Administrator Appointed for P

 

 


"DOCUMENTARY EVIDENCE"
Seeming Admission in P's Statement to Hospital About Where He Was Injured Doesn't Make It "Documentary" So As to Support Dismissal All by Itself

SERVICE BY E-MAIL
Acknowledging P's Fruitless Efforts to Locate D for Service, Court Orders E-Mail Service

"LIBEL TERRORISM" BILL
Legislature Passes Bill to Deter Libel Claimants from Suing in Foreign Courts to Try to Inhibit Free Speech in New York

arrow bullet Special Note:

EXTENSIVE REVIEW BY SECOND DEPARTMENT OF REQUIREMENTS FOR GETTING EXTENSION OF TIME TO FILE LATE NOTICE OF CLAIM
Extension Denied Because "Essential Facts Constituting the Claim" Not Initially Set Forth

 

 


Backlog Items:

FUTURE PAIN AND SUFFERING
P's Court Award of $150,000 Not Canceled by P's Death Next Day

LONG DELAYED SERVICE
Lawyer's Telling P That Service Had Been Made on D and a Default Taken — All Lies — Prompts Court to Excuse Four-Year Delay

DELAYED SERVICE IN FEDERAL COURT
Contrast Between Federal and State Rule on When to Grant Extension of 120-Day Period for Service of Summons

 

         
  ©1993 David D. Siegel  All rights reserved.   |   Web design & hosting by Azurelink.   |  Site Comments?