Siegel's Practice Review - Issue No. 266, February 2014 Headlines & Topics - New Laws, Civil Practice, New York Attorneys/Lawyers


February, 2014

Overview of topics...

LEAD NOTE:

Proper Use of Fifth Amendment to Insulate Party from Criminal Contempt Sanction Will Not Necessarily Protect Against Civil Contempt Sanction

SPECIAL NOTE:

Original Affirmation Rule in Residential Foreclosures -- Now Superseded by Statute -- Found Ultra Vires Anyway

GENERAL PRACTICE:

Chiropractic Malpractice Is Not in "Medical" Category and Doesn't Get Shortened Statute of Limitations
State Is Not Liable for County Clerk's Docketing of Judgment Under Wrong Name, Which Caused Loss to Judgment Creditor
Though P Sought $125,000 in Settlement Request, His Later Stipulation That Damages Don't Exceed $75,000 Counts in Getting Remand of Case After D Removed It to Federal Court
Statute Making P's Attorney Agent for Service of Summons Applies to Service of Subpoena, Too

ARTICLE HEADLINES

Feature Article

CIVIL VERSUS CRIMINAL CONTEMPT
Proper Use of Fifth Amendment to Insulate Party from Criminal Contempt Sanction Will Not Necessarily Protect Against Civil Contempt Sanction

Special Note

AFFIRMATION REQUIREMENT IN RESIDENTIAL MORTGAGE FORECLOSURES
Reviewing Whole Realm, Including New Statute, Supreme Court in Suffolk County Finds Original Affirmation Rule Ultra Vires

General Practice Points

MEDICAL MALPRACTICE
Chiropractic Malpractice Is Not in "Medical" Category and Doesn't Get Shortened Statute of Limitations

GOVERNMENTAL LIABILITY
State Is Not Liable for County Clerk's Docketing of Judgment Under Wrong Name, Which Caused Loss to Judgment Creditor

FEDERAL REMOVAL
Though P Sought $125,000 in Settlement Request, His Later Stipulation That Damages Don't Exceed $75,000 Counts in Getting Remand of Case After D Removed It to Federal Court

ATTORNEY AS AGENT
Statute Making P's Attorney Agent for Service of Summons Applies to Service of Subpoena, Too