Feature Article:

ATTORNEY'S AFFIRMATION REQUIRED IN FORECLOSURE
Recent OCA Order Requires Personal Involvement of Plaintiff's Lawyer in Residential Foreclosures

General Practice Points:

FORECLOSURE SUSPENDED
Mortgagee's Questionable Credibility in Responding to Mortgagor's Description of Their Settlement Negotiations Suspends Foreclosure as Court Sets Hearing to Probe Deeper

LIS PENDENS
P's Motion to Extend Lis Pendens Granted; P's Delay Is Explained, and Merits of Claim Can't Be Disputed on Mere Extension Motion

REMOVAL TO FEDERAL COURT
Circuit Affirms District Court: 30-Day Period to Remove Won't Start Until Paper from Plaintiff "Explicitly Specifies the Amount" Sought, and It Exceeds $75,000

MENDON PONDS LIVES
Failure to Make Any Showing That Commencement Papers Were Ever Filed Mandates Dismissal; Defect Goes to Subject Matter Jurisdiction and Hence Can't Be Waived by Defendant

FORUM SELECTION CLAUSE BINDS
Holding That Forum Selection Clause in Contract Commits Signers to New York Courts, Court Distinguishes It from "Mere Consent to Service" Clause

Backlog Items:

"AMENDED" VERSUS "SUPPLEMENTAL"
"Supplemental" Bill Can't Add New Claims; "Amended" Bill Can, But Here Unexcused Delay Bars Amended Bill, Too

WHEN INTERPRETER NECESSARY
Party Knowingly Waiving Interpreter and Proceeding Pro Se Can't Start Over After Unfavorable Result

CPLR 3213 ACTION
Difficulty of Satisfying CPLR 3213 Time Requirements When Substituted Service Is Used Results in Dismissal

PROFESSIONAL COURTESY
Lawyer Who Prepared Will Is Expected to Cooperate with Lawyer Retained to Represent Estate, But Failure Is Not Punishable as "Frivolous"