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      Issue Number 218

February, 2010
 

Overview of topics...

LEAD NOTE :

  • Transaction Begun via "Passive" Website, Which Doesn't Support Jurisdiction, Can Lead to "Purposeful Creation of Continuing Relationship", Which Does

GENERAL PRACTICE:

  • Court Can't Appoint Receiver Sua Sponte; Motion by Party Required
  • Effect of Plaintiff's Share of Fault on Tortfeasors' Shares under Joint-Versus-Several Liability Statute
  • The Basic Motion to Dismiss for Failure to State a Cause of Action Under CPLR 3211(a)(7) -- We're Still Asking Just What It Does
  • Motion Can't Be Withdrawn After Submission Except by Parties Mutual Consent or Order of Court
  • Court Voids "Reverse" Mortgage Because Borrower Was "Incapable of Understanding" Transaction and Lender Was Only "Perfunctory" in Explaining It

BACKLOG ITEMS:

  • Whether to Pierce Corporate Veil and Allow P, with Judgment Against D, to Collect It Against L, Is Jury Question
  • Court Discusses Treble Damages Action Allowed Against Small Claims Debtors Who Default on Multiple Judgments
  • Failure to Give Proper Notice of TRO Application Leads to Frivolity Sanctions

 


 ARTICLE HEADLINES


Feature Article:

LONGARM JURISDICTION VIA INTERNET TRANSACTION
Transaction Begun via "Passive" Website, Which Doesn't Support Jurisdiction, Can Lead to "Purposeful Creation of Continuing Relationship", Which Does

arrow General Practice Points:

APPOINTMENT OF RECEIVER
Court Can't Appoint Receiver Sua Sponte; Motion by Party Required

CPLR ARTICLE 16
Effect of Plaintiff's Share of Fault on Tortfeasors' Shares under Joint-Versus-Several Liability Statute



 


DEMURRER OR MERITS TESTER?

The Basic Motion to Dismiss for Failure to State a Cause of Action Under CPLR 3211(a)(7) -- We're Still Asking Just What It Does

WITHDRAWAL OF MOTION
Motion Can't Be Withdrawn After Submission Except by Parties' Mutual Consent or Order of Court

"REVERSE MORTGAGES"
Court Voids Mortgage Because Borrower Was "Incapable of Understanding" Transaction and Lender Was Only "Perfunctory" in Explaining It

right arrow Backlog Items:

RIGHT TO JURY
Whether to Pierce Corporate Veil and Allow P, with Judgment Against D, to Collect It Against L, Is Jury Question

 

 


COLLECTING ON SMALL CLAIM

Court Discusses Treble Damages Action Allowed Against Small Claims Debtors Who Default on Multiple Judgments

NOTICE OF TRO
Failure to Give Proper Notice of TRO Application Leads to Frivolity Sanctions


         
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