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      Issue Number 261

September, 2013
 

Overview of topics...

LEAD NOTE:

Agreement That Calls for Arbitration in New York Submits Parties to Jurisdiction of New York Courts to Compel It

GENERAL PRACTICE:

  • Satisfying New York's Forum Non Conveniens Statute on Million Dollar Transactions Doesn't Necessarily Satisfy Federal $75,000 Minimum for Diversity Jurisdiction
  • Failure to Deposit Money Into Court, as Restitution Order after Appeal Directed, Brings Contempt Punishment
  • Discovery Is Granted to Landlord in Holdover Proceeding to Explore Tenant's Claimed Need of Subtenants to Help Her

BACKLOG ITEMS:

  • Reminder That Party's "Mere Possession" of Facebook Account Is Not Invitation to Litigation Adversary to Peruse It
  • Plaintiff Fails to Discharge Special Burden Needed Preserve Claim Against Not-for-Profit Company Director
  • Court Treats Provisions of CPLR and Partnership Law Prescribing Methods for Serving Limited Partnerships
  • Forum Non Conveniens Doctrine Applies in Lower Courts, at Least to Permit Dismissal When All of Case's Contacts Are Outside Court's Area; But Direct Transfer Not Authorized

 


 ARTICLE HEADLINES


Feature Article

COMPELLING ARBITRATION
Agreement That Calls for Arbitration in New York Submits Parties to Jurisdiction of New York Courts to Compel It

arrow General Practice Points

FEDERAL REMOVAL JURISDICTION
Satisfying New York's Forum Non Conveniens Statute on Million Dollar Transactions Doesn't Necessarily Satisfy Federal $75,000 Minimum for Diversity Jurisdiction

CONTEMPT FOR NOT DEPOSITING MONEY
Failure to Deposit Money Into Court, as Restitution Order After Appeal Directed, Brings Contempt Punishment


 


SUMMARY PROCEEDINGS
Discovery Is Granted to Landlord in Holdover Proceeding to Explore Tenant's Claimed Need of Subtenants to Help Her

arrow Backlog Items

DISCOVERY OF SOCIAL MEDIA
Reminder That Party's "Mere Possession" of Facebook Account Is Not Invitation to Litigation Adversary to Peruse It

LIABILITY OF NOT-FOR-PROFIT DIRECTOR
Plaintiff Fails to Discharge Special Burden Needed to Preserve Claim Against Not-for-Profit Company Director 

 

 

SERVICE ON LIMITED PARTNERSHIP
Court Treats Provisions of CPLR and Partnership Law Prescribing Methods for Serving Limited Partnerships

FORUM NON CONVENIENS
Doctrine Applies in Lower Courts, at Least to Permit Dismissal When All of Case's Contacts Are Outside Court's Area; But Direct Transfer Not Authorized


         
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