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      Issue Number 220

April, 2010
 

Overview of topics...

LEAD NOTE — NEW LAW:

  • Amendment Allows Notice of Claim to Be Served on New York City by Electronic Means Starting on September 19, 2010

SPECIAL NOTE:

  • In Course of Clarifying Device to Be Used for Determining Adverse Possession, Court Shows Important Substantive and Procedural Changes Made in 2008

GENERAL PRACTICE:

  • Service of Initiatory Papers in Special Proceeding Before Filing and Obtaining Index Number Held Mere Correctable Irregularity
  • Judgment on Student Loan Can Be Collected Even After 20 Years: Federal Law Bars Application of State Statutes of Limitation
  • Foreclosing Mortgagee's Failure to Comply with Notice Provision in "Equity Theft Prevention" Act Can Be Raised by Mortgagor at Any Time
  • Because Its Own Court Act Speaks of "Notice of Trial", 120-Day Summary Judgment Time Limit, Measured from "Note of Issue", Doesn't Apply in District Courts
  • CPLR's Ban on Use of Class Action to Recover Penalty Doesn't Apply If Case Is Brought in Federal Court

BACKLOG ITEMS:

  • Subrogated Insurer, Suing Wrongdoer After Paying Insured, Must Submit Proper Affidavit of Merits When Seeking Default: One by Person with First-Hand Knowledge
  • While in Motion Practice There's Just Motion Papers, Answering Papers, and Reply Papers, "Sur-Reply" Can Also Be Accepted by Court in Its Discretion

 ARTICLE HEADLINES


Feature Article:

NEW LAW – Amendment Allows Notice of Claim to Be Served on New York City by Electronic Means Starting on September 19, 2010

arrow General Practice Points:

COMMENCING PROCEEDING
Service of Initiatory Papers in Special Proceeding Before Filing and Obtaining Index Number Held Mere Correctable Irregularity

STUDENT LOAN DEBTS
Judgment on Student Loan Can Be Collected Even After 20 Years: Federal Law Bars Application of State Statutes of Limitation


 


MORTGAGE FORECLOSURE
Foreclosing Mortgagee's Failure to Comply with Notice Provision in "Equity Theft Prevention" Act Can Be Raised by Mortgagor at Any Time

TIME FOR SUMMARY JUDGMENT
Because Its Own Court Act Speaks of "Notice of Trial", 120-Day Summary Judgment Time Limit, Measured from "Note of Issue", Doesn't Apply in District Courts

CLASS ACTIONS
CPLR's Ban on Use of Class Action to Recover Penalty Doesn't Apply If Case Is Brought in Federal Court

arrow Special Note:

ADVERSE POSSESSION
In Course of Clarifying Device to Be Used for Determining Adverse Possession, Court Shows Important Substantive and Procedural Changes Made in 2008

 

 


right arrow Backlog Items:

DEFAULT JUDGMENT
Subrogated Insurer, Suing Wrongdoer After Paying Insured, Must Submit Proper Affidavit of Merits When Seeking Default: One by Person with First-Hand Knowledge

"SUR-REPLY" ON MOTION?
While in Motion Practice There's Just Motion Papers,
Answering Papers, and Reply Papers, "Sur-Reply" Can Be Accepted by Court in Its Discretion


         
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