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LEAD NOTE IN ISSUE 240:

The lead note this month is on renewing a judgment whose 10-year lien period is about to expire. The note is captioned, While Judgment Is Renewable During Last Year of Its 10-Year Lien Period, Renewal After Expiration of the 10 Years Is Also Okay.

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CONTENT OF SPR 240 THIS MONTH:

Lead Note:

  • While Judgment Is Renewable During Last Year of Its 10-Year Lien Period, Renewal After Expiration of the 10 Years Is Also Okay

Special Note:

  • Venue Circus: P's Choice of Improper Venue (Kings) Forfeits Venue Choice to D, so Case P Could Have Brought in Queens Ends Up in Suffolk

General Practice:

  • When Judgment Gives D Stated Time for Posting Security and Before It Expires P Issues Execution to Marshal, Who Levies, That's "Interference" with Collection and Makes P Responsible for Poundage
  • Server's Failure to Produce Statutorily Required Records at Traverse Hearing Produces Jurisdictional Dismissal of Action
  • As Long as Confession of Judgment Papers Conform to Statute's Requirements, Clerk Can't Refuse to File Them
  • Federal Voluntary "Dismissal" Is Same as State's Voluntary "Discontinuance": Either One Cancels Time Extension CPLR 205(a) Might Otherwise Support for New Action
  • Backlog Items:

    • Falsehoods in the Affirmation Required in Foreclosure Actions Invokes Frivolity Rule — Rule 130-1.1 — and the Sanctions Under It
    • In Furnishing "Arons" Authorization Allowing D Exam of P's Treating MD, P Is Not Precluded from Requesting That P's Lawyer Be Allowed to Be Present

    See Issue 240 Headlines...

     


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