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LEAD NOTE IN ISSUE 218:

The lead note is on the securing of longarm jurisdiction through Internet transactions, built around a Second Department decision. The note is entitled, LONGARM JURISDICTION VIA INTERNET TRANSACTION: Transaction Begun via "Passive" Website, Which Doesn't Support Jurisdiction, Can Lead to "Purposeful Creation of Continuing Relationship", Which Does

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CONTENT OF SPR 218 THIS MONTH:

Lead Note:

  • Transaction Begun via "Passive" Website, Which Doesn't Support Jurisdiction, Can Lead to "Purposeful Creation of Continuing Relationship", Which Does

General Practice:

  • Court Can't Appoint Receiver Sua Sponte; Motion by Party Required
  • Effect of Plaintiff's Share of Fault on Tortfeasors' Shares under Joint-Versus-Several Liability Statute
  • The Basic Motion to Dismiss for Failure to State a Cause of Action Under CPLR 3211(a)(7) -- We're Still Asking Just What It Does
  • Motion Can't Be Withdrawn After Submission Except by Parties Mutual Consent or Order of Court
  • Court Voids "Reverse" Mortgage Because Borrower Was "Incapable of Understanding" Transaction and Lender Was Only "Perfunctory" in Explaining It

Backlog Items:

  • Whether to Pierce Corporate Veil and Allow P, with Judgment Against D, to Collect It Against L, Is Jury Question
  • Court Discusses Treble Damages Action Allowed Against Small Claims Debtors Who Default on Multiple Judgments
  • Failure to Give Proper Notice of TRO Application Leads to Frivolity Sanctions

See Issue 218 Headlines...


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