Feature Article
SELECTING ARBITRATION FORUM
Factors in Considering Which Arbitration
Organization to Choose
Special Note
SPOLIATION BRINGS DISMISSAL
Personal Injury Plaintiff's Submission to Surgery After Ignoring Physical Exam Requires Dismissal of Action
General Practice Points
COPIES OF AFFIDAVITS
Mere Copies of Affidavits Are Okay; Filing Need Not Be of "Originally Signed" Ones
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FORECLOSURE OF LIENS
Notice Required by RPAPL § 1303 Doesn't Apply to Foreclosure of Liens Other Than Mortgages
DEBT COLLECTION PRACTICES
Debt Collector's Many Calls to Debtors to Collect $514 Debt Were Not Designed to Harass and Can't Support Damages Claim Under Fair Debt Collection Act
EXEMPT FUNDS ISSUES
Debtor's Diligent Pursuit of His CPLR 5222-a Rights Results in Preserving Exempt Funds in His Bank Account, and in Penalties Imposed on Creditor, Including Attorneys' Fees
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Backlog Items:
VENUE AGAINST FOREIGN CORPORATION
Foreign Corporation Not Certificated to Do Business in New York Is Nonresident for Venue Purposes Despite Actual Place of Business and High Volume of Activity
ERRONEOUS RETURN DAY
Setting Proceeding's Return Day on Weekend Is Correctable If Respondent Not Prejudiced
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