Feature Article:

WHEN DOES FEE FOR FACT WITNESS IN EXCESS OF STATUTORY DAILY $15 BECOME BRIBE, AND WHAT ROLES HAVE COURT AND JURY IN LOOKING INTO ISSUE?

Special Notes:

TIME FOR SUMMARY JUDGMENT IN LOWER COURTS
120-Day Summary Judgment Time Limit of CPLR 3212(a) Applies, But with Adjustments Necessitated by Differences in Lower Court Practice, Including "Oral" Pleading

TO FORECLOSE, OWNER OF MORTGAGE MUST ALSO OWN NOTE
Mortgage Electronic Registration Systems (MERS) Is Examined; Lacking Note, MERS Can't Assign Right to Foreclose

General Practice Points:

WHO PAYS STENOGRAPHER?
Unpaid Steno Has Claim Against Client for Fees Even Though Negotiation Was Entirely Through Lawyers

KOEHLER CASE DISTINGUISHED
Court with Jurisdiction Only Over Garnishees — Here Banks — Can't Make Them Deliver Foreign-Held Property to Plaintiff

RESISTING ARBITRATION AWARD
Arbitrators' Allowing Use of Summary Judgment Motion Within the Arbitration Is Not Ground for Overturning Award If All Parties Were Fully Heard

SUMMARY PROCEEDINGS
If Not an Attorney, Not Even Co-Tenant with Purported Power of Attorney Can Appear for Tenant; Rent Judgment Is Therefore Void and (10 Years Later) Vacated