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      Issue Number 256

April, 2013
 

NOTE: The amendments proposed for the new "Uniform Notice of Claim Act" scheduled to go into operation on June 15, 2013, have been adopted in the Assembly but have still not passed the Senate. Hence we put off once again Part II of the treatment that we began three months ago in SPR 253.

Overview of topics...

LEAD NOTE:

  • Federal Court Rejects Jurisdiction of Hofstra Students' Class Action That Claimed Misrepresentation of Graduates' Employment Rates

GENERAL PRACTICE:

  • Subpoena Issued by California Board, and Not Yet Reviewed by Court There, Is Subject to Review by New York Court
  • Fourth Department Now Divided About Whether Nonparty's Counsel Can Object During Deposition
  • Shenanigans with Use of "Deposit" in Million Dollar Loan Transaction Brings Charge of Criminal Usury and Forfeits Loan
  • Only Remedy for Inconsistent Verdict After Jury Discharged Is New Trial
  • Dismissal Is Again Result for Using Permissible But Inadvisable Substituted Service in CPLR 3213 Action
  • Judge Who Questioned OCA's Power to Promulgate Affirmation Rule Returns to Subject

 


 ARTICLE HEADLINES


Feature Article

FEDERAL CLASS ACTION FAIRNESS ACT
Federal Court Rejects Jurisdiction of Hofstra Students' Class Action That Claimed Misrepresentation of Graduates' Employment Rates

arrow General Practice Points

SUBPOENAS FROM OUT OF STATE
Subpoena Issued by California Board, and Not Yet Reviewed by Court There, Is Subject to Review by New York Court


 


OBJECTIONS BY NONPARTY WITNESS?
Fourth Department Now Divided About Whether Nonparty's Counsel Can Object During Deposition

CRIMINAL USURY
Shenanigans with Use of "Deposit" in Million Dollar Loan Transaction Brings Charge of Criminal Usury and Forfeits Loan

INCONSISTENT VERDICT
Only Remedy for Inconsistent Verdict After Jury Discharged Is New Trial

 

 

CPLR 3213 ACTION
Dismissal Is Again Result for Using Permissible But Inadvisable Substituted Service in CPLR 3213 Action

AFFIRMATION RULE IN FORECLOSURE ACTIONS
Judge Who Questioned OCA's Power to Promulgate Affirmation Rule Returns to Subject


         
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