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 Feature Article
EXTENDING FILING DEADLINES
Summary Judgment Motion Papers for Which Time for Service Expired on Saturday Held Timely If Filed on Following Monday
General Practice Points
RECEIVER'S POWERS
Without Court Leave, Plaintiff in Foreclosure Has No Right to Recover Marketing Expenses Incurred After Receiver's Appointment But Not Necessary for Maintenance
CORRECTING JUDGMENTS
Altering Judgment to Strike "With Prejudice" Phrase Is Substantive Doing, Not Mere "Clerical" Error Reparable Under CPLR 5019(a)
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DISCOVERY AS TO JURISDICTION
When Basis of Jurisdiction Against Foreign Defendant Is Its Doing Business ("Presence") in New York, Only Pre-Action Facts Count for Jurisdiction; Hence Discovery of Post-Action Facts Is Denied
USING INADMISSIBLE EVIDENCE?
Although Taken Without Notice to D, P's Deposition Linking D to Damage-Causing Product May Be Considered by Court to Resist D's Summary Judgment Motion
MORE ON MORTGAGE FORECLOSURE
Even When Lender Elects to Sue on Note Rather Than Mortgage, Court Scrutinizes Case to Protect Homeowner
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Backlog Items:
"JOHN DOE" USE BARRED
Plaintiff's Unexcused Delay in Identifying Medical Technician Alleged to Have Injured Her Brings Dismissal
UNINCORPORATED ASSOCIATIONS
Affixing Process to Church Is No Good Because None of the Individuals Authorized to Receive Service Were Named or Served
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