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August, 2008
 

Overview of topics...

LEAD NOTE :

  • STAYS ON APPEAL
    What Does Automatic Stay of CPLR 5519(a)(1) Suspend When Municipality Appeals?

NEW LAW:

  • CPLR 205(a) Amended to Allow Plaintiff Six-Month Extension for New Action Unless Dismissing Court Finds "General Pattern of Delay" by Plaintiff

SPECIAL NOTE:

  • Court Holds That It's Improper for P's Lawyer Even to Suggest That Treating Physician Not Submit to Interview with Defendant (Page 3)

GENERAL PRACTICE:

  • Lawyer Is Guilty of Malpractice for Bringing Suit in Civil Court When Damages Might Exceed Its Jurisdiction
  • Award Set Aside Because Arbitrator 2, Taking Over from Arbitrator 1, Didn't Hear the Witnesses
  • Unsuccessful Service on Evasive Father Not Fatal Because Service on Attorney Found Adequate Basis for Contempt Proceeding
  • Even in Court of Claims, Objections to Verification Must Be Elaborated with Return of Claim to Claimant

BACKLOG ITEMS:

  • Attachment in N.Y. Action Not Allowed as Continuation of Attachment Issued in Federal Action
  • Can Pity Alone Support Vacating Restraining Notice Placed on Judgment Debtor's Bank Account?
  • D's Failure to Notify DMV of Address Change Estops D from Contesting Jurisdiction, But Court Vacates Default
  • Media Can Intervene to Oppose Sealing of Record Without Satisfying Formal Intervention Requirements
  • D's Costs of Preparing Defense Not Ground for Denying P Discontinuance

 


 ARTICLE HEADLINES


Feature Article:

STAYS ON APPEAL
What Does Automatic Stay of CPLR 5519(a)(1) Suspend When Municipality Appeals?

New Law:

NEGLECT TO PROSECUTE
To Deny Plaintiff Six-Month Extension of CPLR 205(a) for New Action, Court Dismissing for Want of Prosecution Must Find "General Pattern of Delay"

General Practice:

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

ARBITRATION
Award Set Aside Because Arbitrator 2, Taking Over from Arbitrator 1, Didn't Hear the Witnesses


 


CONTEMPT
Unsuccessful Service on Evasive Father Not Fatal Because Service on Attorney Found Adequate Basis for Contempt Proceeding

VERIFICATION
Even in Court of Claims, Objections to Verification Must Be Elaborated with Return of Claim to Claimant

arrow bullet Special Note:

EX PARTE MD INTERVIEW
Court Holds That It's Improper for P's Lawyer Even to Suggest That Treating Physician Not Submit to Interview with Defendant

Backlog Items bulleted arrow Backlog Items:

LINKING ATTACHMENTS?
Attachment in N.Y. Action Not Allowed as "Continuation" of Attachment Issued in Federal Action

 

 

PROTECTIVE ORDERS
Can Pity Alone Support Vacating Restraining Notice Placed on Judgment Debtor's Bank Account?

FAILURE TO NOTIFY DMV
D's Failure to Notify DMV of Address Change Estops D from Contesting Jurisdiction, But Court Vacates Default

MEDIA'S RIGHT TO INTERVENE
Media Can Intervene to Oppose Sealing of Record Without Satisfying Formal Intervention Requirements

DISCONTINUANCES
D's Costs of Preparing Defense Not Ground for Denying P Discontinuance

 

         
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