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      Issue Number 227

November, 2010
 

Overview of topics...

LEAD NOTE:

  • New Law: Uniform Interstate Depositions and Discovery Act Takes Effect Jan. 1, 2011, Easing Procedure for Seeking Aid of New York Courts to Assist Outside Litigation

MORE NEW LAW:

  • New Law Says If Mortgage Calls for Attorneys' Fees for Prevailing Mortgagees, It Implies the Same for Mortgagors If They Prevail

SPECIAL NOTE:

  • In Attorney-Client Disputes, Lower Courts Get Jurisdiction for De Novo Review of Awards Made in Rule 137 Arbitrations

GENERAL PRACTICE:

  • IndyMac Case, in Which Court Cancelled Mortgage and Note of Uncooperative Plaintiff in Foreclosure Action, Is Reversed
  • Five-Day Add-On When Paper Is Served by Mail Doesn't Apply to 120-Day Limit on Motion for Summary Judgment
  • Unless High-Low Agreement Bars Parties from Post-Verdict Motion Relief on Liability Issue, Such Relief Is Permitted
  • Map Showing Sidewalk Defects Is Not Barred from Use Against City Merely Because Five Years Old; No Arbitrary Time Limit Applies
  • Interest on Judgment Rendered on Verdict in Federal Diversity Case Is at Lower Federal Rate Despite Later Proceedings That Produce New Judgment

BACKLOG ITEMS:

  • Judgment Debtor, Intestate Distributee of Estate, Is Deemed ,to Get Real Property Title Immediately, Subjecting It to Levy by Judgment Creditor
  • Failure to Give 90 Days Notice to Mortgagor Before Commencing Foreclosure Action Mandates Dismissal

 


 ARTICLE HEADLINES


Feature Article:

EFFECTIVE JANUARY 1, 2011, UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT GOES INTO EFFECT IN NEW YORK
It Prescribes Easier Procedure for Seeking Aid of New York Courts to Assist Outside Litigation

arrow More New Law:

ATTORNEYS' FEES
New Law Says If Mortgage Calls for Attorneys' Fees for Prevailing Mortgagees, It Implies the Same for Mortgagors If They Prevail

arrow General Practice Points:

INDYMAC REVERSED
IndyMac Case, in Which Court Cancelled Mortgage and Note of Uncooperative Plaintiff in Foreclosure Action, Is Reversed


 

SUMMARY JUDGMENT MOTION
Five-Day Add-On When Paper Is Served by Mail Doesn't Apply to 120-Day Limit on Motion for Summary Judgment

HIGH-LOW AGREEMENTS
Unless High-Low Agreement Bars Parties from Post-Verdict Motion Relief on Liability Issue, Such Relief Is Permitted

STILL MORE NEW LAW
In Attorney-Client Disputes, Lower Courts Get Jurisdiction for De Novo Review of Awards Made in Rule 137 Arbitrations

NOTICE OF DEFECT
Map Showing Sidewalk Defects Is Not Barred from Use Against City Merely Because Five Years Old; No Arbitrary Time Limit Applies

 

POST-VERDICT INTEREST
Interest on Judgment Rendered on Verdict in Federal Diversity Case Is at Lower Federal Rate Despite Later Proceedings That Produce New Judgment

arrow Backlog Items:

ENFORCEMENT THROUGH SURROGATE'S COURT
Judgment Debtor, Intestate Distributee of Estate, Is Deemed to Get Real Property Title Immediately, Subjecting It to Levy by Judgment Creditor

PRIOR NOTICE OF FORECLOSURE
Failure to Give 90 Days Notice to Mortgagor Before Commencing Foreclosure Action Mandates Dismissal


         
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