Siegel's Practice Review - Issue No. 257, May 2013 Headlines & Topics - New Laws, Civil Practice, New York Attorneys/Lawyers


May, 2013

Overview of topics...

LEAD NOTE:

Part II of Two-Part Series: New Law Designs to Achieve Uniformity In Disorganized Notice of Claim Statutes; Takes Effect June 15, 2013s

SPECIAL NOTE:

Appellate Division Weighs in on Mortgage Foreclosures and What Court Can Do When Party Fails to "Negotiate in Good Faith"

GENERAL PRACTICE:

Affirmation's Failure to Recite "Under Penalties of Perjury" Bars Its Consideration on Summary Judgment Motion
Long-Standing and Efficient Practice in Surrogates' Courts, Even if Not Explicitly Prescribed by SCPA, Makes Resort to CPLR Unnecessary.
If In Camera Inspection of Injured P's Facebook Account Proves "Unduly Burdensome", P Herself May Be Required to Review Account First
Service on Nevada Corporation at Its Florida Address Merely by Overnight Mail Not Permissible

ARTICLE HEADLINES

Feature Article

NEW "UNIFORM NOTICE OF CLAIM ACT"
New Law, Designed to Achieve Uniformity In Notice of Claim Statutes, Takes Effect June 15, 2013 — Part II of Two Parts

Special Note

MORE ON RESIDENTIAL MORTGAGE FORECLOSURE
Appellate Division Weighs in on How Much -- or How Little -- Court Can Do When Party Fails to "Negotiate in Good Faith"

General Practice Points

"AFFIRMATION" DEFECTS
Failure to Recite "Under Penalties of Perjury" Bars Papers' Consideration on Summary Judgment Motion

SURROGATE'S COURT PRACTICE
Long-Standing and Efficient Practice in Surrogates' Courts, Even if Not Explicitly Prescribed by SCPA, Makes Resort to CPLR Counterpart Unnecessary.

FACEBOOK DISCOVERY
If In Camera Inspection of Injured P's Facebook Account Proves "Unduly Burdensome", P May Herself Be Required to Review Account First

SERVICE ON CORPORATION
Service on Nevada Corporation at Its Florida Address Merely by Overnight Mail Is Not Permissible