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      Issue Number 237

September, 2011
 

Overview of topics...

LEAD NOTE:

  • Must Complaint in Money Action Specify Sum Sought?

GENERAL PRACTICE:

  • New Law: Amendment of Uniform City Court Act Expands City Courts' Jurisdiction Affecting Arbitration Awards
  • Statute That Implies Right of Tenant to Attorneys' Fees When Lease Provides Them for Landlord Is Examined by Second Department
  • Court in Mortgage Foreclosure Refuses to Allow Substitution of Proper Affirmation in Place of Defective Papers; It's Not Mere Correctable Irregularity
  • Failure to Identify Expert Bars Expert's Affidavit in Opposition to Summary Judgment Motion, Which Is Therefore Granted
  • It Takes Article 78 Proceeding in Supreme Court to Overturn Administrative Determination; Bringing It in Lower Court Is Jurisdictional Defect and Transfer Is Required

BACKLOG ITEMS:

  • Party's Participation in Arbitration Waives Right to Claim Dispute Is Not Arbitrable
  • Parties Can't Stipulate to Extend Time Provided for Summary Judgment Motion; It Violates "Public Policy"

 


 ARTICLE HEADLINES


Feature Article:

MUST COMPLAINT IN MONEY ACTION SPECIFY SUM DEMANDED?

arrow General Practice Points:

CITY COURTS' JURISDICTION
New Law: Amendment of Uniform City Court Act Expands City Courts' Jurisdiction Affecting Arbitration Awards

TENANT'S RIGHT TO ATTORNEYS' FEES
Statute That Implies Right of Tenant to Attorneys' Fees When Lease Provides Them for Landlord Is Examined by Second Department


 


MANDATED AFFIRMATION IN FORECLOSURE ACTIONS
Court in Mortgage Foreclosure Refuses to Allow Substitution of Proper Affirmation in Place of Defective Papers; It's Not Mere Correctable Irregularity

FAILURE TO IDENTIFY EXPERTS
Failure to Identify Expert Bars Expert's Affidavit in Opposition to Summary Judgment Motion, Which Is Therefore Granted

TRANSFER UP FROM LOWER COURT
It Takes Article 78 Proceeding in Supreme Court to Overturn Administrative Determination; Bringing It in Lower Court Is Jurisdictional Defect and Transfer Is Required

 

 


arrow Backlog Items:

ARBITRABILITY WAIVER
Party's Participation in Arbitration Waives Right to Claim Dispute Is Not Arbitrable

TIME FOR SUMMARY JUDGMENT
Parties Can't Stipulate to Extend Time Provided for Summary Judgment Motion; It Violates "Public Policy"


         
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