Siegel's Practice Review - November, 2009 Headlines & Topics


November, 2009

Overview of topics...

LEAD NOTE :

Computing Amount Judgment Debtor Has to Pay on CPLR 5231 Income Execution — No Real Uniformity

GENERAL PRACTICE:

If Notice, Naming Expert, Also Advises That Different Expert from Same Company Might Testify, Latter's Testimony May Be Allowed
Winning Party Who Delays Getting Judgment Entered Forfeits Interest
Court by Rule Can Impose Page Limits on Submissions, But Can't Accept Paper That Exceeds Limit and Just Disregard Excess Parts
Attempt to Take Default Judgment Is Defeated by Complaint "Riddled with Inconsistencies"
"Rude, Obnoxious and Antagonistic" Conduct Towards Opposing Lawyer Earns Double Sanctions under Rule 130-1
Municipality Is Not Obliged to Tell Plaintiff That Notice of Claim Is Late, Even When Advising of Different Defec

BACKLOG ITEMS:

"Post Commencement Assignment with Retroactive Language Does Not Confer Standing to Bring a Foreclosure Action"
Even Mere Service Objection, Waived by D, May Be Interposed by Impleaded X — and with Bad News for D: It Just Destroys D's Claim Aginst X While P's Claim Against D Is Preserved

ARTICLE HEADLINES

Feature Article:

Computing Amount Judgment Debtor Has to Pay on CPLR 5231 Income Execution -- No Real Uniformity

General Practice Points:

IDENTIFYING EXPERTS
If Notice, Naming Expert, Also Advises That Different Expert from Same Company Might Testify, Latter's Testimony May Be Allowed

DELAYING ENTRY OF JUDGMENT
Winning Party Who Delays Getting Judgment Entered Forfeits Interest

EXCEEDING PAGE LIMITS
Court by Rule Can Impose Page Limits on Submissions, But Can't Accept Paper That Exceeds Limit and Just Disregard Excess Parts

CARELESSLY DRAFTED COMPLAINT
Attempt to Take Default Judgment Is Defeated by Complaint "Riddled with Inconsistencies"

SANCTIONS AGAINST LAWYER
"Rude, Obnoxious and Antagonistic" Conduct Towards Opposing Lawyer Earns Double Sanctions under Rule 130-1

NOTICE OF CLAIM
Municipality Is Not Obliged to Tell Plaintiff That Notice of Claim Is Late, Even When Advising of Different Defect

Backlog Items:

STANDING TO FORECLOSE
"Post Commencement Assignment with Retroactive Language Does Not Confer Standing to Bring a Foreclosure Action"

RIGHTS OF THIRD-PARTY DEFENDANT
Even Mere Service Objection, Waived by D, May Be Interposed by Impleaded X -- and with Bad News for D: It Just Destroys D's Claim Against X While P's Claim Against D Is Preserved