Feature Article

THE MILITARY AFFIDAVIT NEEDED FOR DEFAULT JUDGMENTS
Affidavits by Same Process Server Claiming Numerous Inquiries Made Over Suspiciously Short Time Leads Court to Order Hearing

General Practice Points

SHERIFF'S POUNDAGE
P's Issuing Execution to Sheriff Just as Coercion Tool to Get D to Pay Judgment Worked, But Also Cost Poundage

SUBSTITUTED SERVICE
Delivery of Summons to Defendant A as Purportedly Proper Person to Serve for Defendant B Is Impermissible When There's Conflict

MUST ELECT REMEDY
Can't Sue on Mortgage if Action on Underlying Note is Still Pending

DIVERSITY OF CITIZENSHIP
When One of Parties Is U.S. Citizen but "Domiciled" Abroad, His Presence as Party Destroys Jurisdiction

IMPROPER CONTACT WITH JURORS
"Creepy" Nonparty Who "Stalked" Jurors Was Found to Be Working for Defendants, Requiring Setting Aside of Defendants' Verdict

VOLUNTARY DISCONTINUANCES
As Long as Case Has Not Yet Been Brought to Trial, Court Can Allow Plaintiff to Discontinue It

TORT SETTLEMENTS
CPLR 5003-a, Which Imposes Interest When Insurer Delays Settlement Payment, Held Applicable to Federal Settlements, Too