Search the Issue Highlights:  

Search Tips

Issue Index About SPR Subscriptions The Author  
 

 

 
      Issue Number 240

December, 2011
 

Overview of topics...

LEAD NOTE:

  • While Judgment Is Renewable During Last Year of Its 10-Year Lien Period, Renewal After Expiration of the 10 Years Is Also Okay

SPECIAL NOTE:

  • Venue Circus: P's Choice of Improper Venue (Kings) Forfeits Venue Choice to D, so Case P Could Have Brought in Queens Ends Up in Suffolk

GENERAL PRACTICE:

  • When Judgment Gives D Stated Time for Posting Security and Before It Expires P Issues Execution to Marshal, Who Levies, That's "Interference" with Collection and Makes P Responsible for Poundage
  • Server's Failure to Produce Statutorily Required Records at Traverse Hearing Produces Jurisdictional Dismissal of Action
  • As Long as Confession of Judgment Papers Conform to Statute's Requirements, Clerk Can't Refuse to File Them
  • Federal Voluntary "Dismissal" Is Same as State's Voluntary "Discontinuance": Either One Cancels Time Extension CPLR 205(a) Might Otherwise Support for New Action

BACKLOG ITEMS:

  • Falsehoods in the Affirmation Required in Foreclosure Actions Invokes Frivolity Rule — Rule 130-1.1 — and the Sanctions Under It
  • In Furnishing "Arons" Authorization Allowing D Exam of P's Treating MD, P Is Not Precluded from Requesting That P's Lawyer Be Allowed to Be Present

 


 ARTICLE HEADLINES


Feature Article:

RENEWING A JUDGMENT TO PRESERVE A LIEN
While Judgment Is Renewable During Last Year of Its 10-Year Lien Period, Renewal After Expiration of the 10 Years Is Also Okay

arrow Special Note:

VENUE CIRCUS, WITH SOME CLUMSY ACROBATS P's Choice of Improper Venue (Kings) Forfeits Venue Choice to D, So Case P Could Have Brought in Queens Ends Up in Suffolk


 


arrow General Practice Points:

ENFORCEMENT OFFICER'S POUNDAGE
When Judgment Gives D Stated Time for Posting Security and Before It Expires P Issues Execution to Marshal, Who Levies, That's "Interference" with Collection and Makes P Responsible for Poundage

PROCESS SERVER'S RECORDS
Server's Failure to Produce Statutorily Required Records at Traverse Hearing Produces Jurisdictional Dismissal of Action

CONFESSION OF JUDGMENT
As Long as Confession Papers Conform to Statute's Requirements, Clerk Can't Refuse to File Them

VOLUNTARY DISCONTINUANCE
Federal Voluntary "Dismissal" Is Same as State's Voluntary "Discontinuance": Using Either One Cancels Time Extension CPLR 205(a) Might Otherwise Support for New Action

 

 


arrow Backlog Items:

CONSEQUENCE OF FALSE AFFIRMATION
Falsehoods in the Affirmation Required in Foreclosure Actions Invokes Frivolity Rule -- Rule 130-1.1 -- and the Sanctions Under It

EX PARTE MD INTERVIEW
In Furnishing "Arons" Authorization Allowing D Exam of P's Treating MD, P Is Not Precluded from Requesting That P's Lawyer Be Allowed to Be Present


         
  ©1993 David D. Siegel  All rights reserved.   |   Web design & hosting by Azurelink.   |  Site Comments?