LEAD NOTE IN ISSUE 224:

The lead note is on the Doubet case from the supreme court in New York County, on the effect of a restraining notice when the property interest being pursued is a debt and the debt is not yet due. The note is entitled, FEES NOT YET DUE FROM G TO D WHEN RESTRAINING NOTICE IS SERVED ON G BY D'S JUDGMENT CREDITOR ARE SUBJECT TO RESTRAINT EVEN THOUGH CONTINGENT

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CONTENT OF SPR 224 THIS MONTH:

Lead Note:

• Fees Not Yet Due from G to D When Restraining Notice Is Served on G by D's Judgment Creditor Are Subject to Restraint Even Though Contingent

General Practice:

• D's Obligation to Pay P's Attorneys' Fees In Indemnifying Claims Made Against P By Others Doesn't Cover P's Own Suits Against D
• 31-Day Suspension of Driver's License After Three Convictions of Driving with Hand-Held Cellphone Is Upheld
• Fully Divorced Parties Who Have Second Thoughts Can Simply Remarry; They Can't Just Stipulate to Vacate Divorce
• Court Rejects Peculiar Contention That Party's Right to Arbitrate Is Defeated If Opposing Party Sues First, and in Court
• Court Reviews Permissible Disbursements in Property Damage Action

Backlog Items:

• Element Indispensable to P's Claim of Constructive Trust, Missing from Complaint, Can Be Supplied Even by D's Affidavit
• "Dementia" Qualifies as "Insanity" Under Statute of Limitations Tolling Provision

See Issue 224 Headlines...