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
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
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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
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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
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