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      Issue Number 252

December, 2012
 

Overview of topics...

LEAD NOTE:

  • Service in NYC Civil Court: CPLR 308(2) Requirement That Proof of Service Be Filed Within 20 Days Doesn't Apply in Civil Court

SPECIAL NOTES:

  • D Seeking Disclosure from P's Facebook Account Must Show That "At Least Some" of the Discovery Sought Will Contain "Relevant Evidence"

GENERAL PRACTICE:

  • Office of Court Administration's Power to Promulgate Affirmation Rule in Foreclosure Actions Is Tacitly Upheld by Appellate Division
  • Acknowledging Conflict in NY Cases, Court Holds There's No Right to Trial of Divorce Ground in No-Fault Case
  • Federal Court, Applying New York Law, Allows P to Levy Against Patent D Owns and Appoints Receiver to Sell the Patent
  • Requirement That All Defendants Consent to Remove to Federal Court Is Unchanged by 2011 Federal Amendment

BACKLOG ITEMS:

  • Law Firm Fails to Show "Extraordinary Circumstances" Such as Would Secure It Greater Fees Than Statutory Schedule Allows in Medical Malpractice Actions
  • Pre-Action Disclosure Denied Because Court Says It Needs Context of Action and None Yet Commenced

 


 ARTICLE HEADLINES


Feature Article

SERVICE IN NYC CIVIL COURT
CPLR 308(2) Requirement That Proof of Service Be Filed Within 20 Days Doesn't Apply in Civil Court

arrow General Practice Points
AFFIRMATION RULE IN FORECLOSURE ACTIONS
Office of Court Administration's Power to Promulgate Affirmation Rule Is Tacitly Upheld by Appellate Division

NO-FAULT DIVORCE
Acknowledging Conflict in NY Cases, Court Holds There's No Right to Trial of Divorce "Ground" in No-Fault Case


 


LEVYING ON PATENT
Federal Court, Applying New York Law, Allows P to Levy Against Patent D Owns and Appoints Receiver to Sell the Patent

FEDERAL REMOVAL
Requirement That All Defendants Consent to Remove Is Unchanged by 2011 Federal Amendment

arrow Special Notes:

DISCOVERY OF FACEBOOK ACCOUNT
D Seeking Disclosure from P's Facebook Account Must Show That "At Least Some" of the Discovery Sought Will Contain "Relevant Evidence"

 

 

arrow Backlog Items:

FEES IN MEDICAL MALPRACTICE ACTIONS
Law Firm Fails to Show "Extraordinary Circumstances" Such as Would Secure It Greater Fees Than Statute Allows

PRE-ACTION DISCLOSURE
Pre-Action Disclosure Denied Because Court Says It Needs Context of Action and None Yet Commenced


         
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