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MAY 1994
 
Overview of topics...

Lead Note:

FURTHER PITFALLS IN SPECIAL PROCEEDINGS: FILING OF MERE "PROPOSED" ORDER TO SHOW CAUSE DOES NOT COMMENCE SPECIAL PROCEEDING UNDER NEW FILING SYSTEM

The New Filing System:

 

  • Served Papers Must Be Same as Filed Ones
  • Attempted Judge Shopping

General Practice:

 

  • Specifying Special Damages in Bill
  • Converting Original Proceeding into Appeal

New Laws:

 

  • Small Claims Upped to $3000

Backlog Items:

 

  • Registration of Child Support Judgment
  • Disguising Plaintiff in Caption?

Federal Jurisdiction:

 

  • Using NY's Mail Method in Federal Action
    ... and more

Open Citation:

 

  • Barbarite (Issue 10/Page 2): 197 A.D.2d 740, 602 N.Y.S.2d 704.

 ARTICLE HEADLINES

FEATURE ARTICLE:

 
THE NEW FILING SYSTEM

FURTHER PITFALLS IN SPECIAL PROCEEDINGS: FILING OF MERE "PROPOSED" ORDER TO SHOW CAUSE DOES NOT COMMENCE SPECIAL PROCEEDING UNDER NEW FILING SYSTEM

CONTENT OF SERVED vs. FILED PAPERS:
Papers Served Should Be Identical to Papers Filed

ATTEMPTED JUDGE SHOPPING:
In Counties with Few Judges, Tendering Clerk Several Cases in Calculated Sequence in Attempt to Get "Preferred" Judge Gets Foiled

 
 GENERAL PRACTICE

BILL OF PARTICULARS:
Plaintiff Must Furnish Figure for Special Damages; Merely Listing Documents or Referring to Medical Bills Won't Do

CONVERTING FROM WRONG FORM:
Improperly Brought Proceeding Is Converted Into "Appeal"


 SOME NEW LAWS

SMALL CLAIMS COURTS:
Small Claims Jurisdiction Raised to $3000 (from $2000)

POETIC JUSTICE?:
Legislature's Needless Relettering of Subdivisions Throws Off Its Own Work Product, Too

 
 
BACKLOG ITEMS

REGISTRATION OF FOREIGN JUDGMENTS:
Foreign Child Support Judgment Rendered on Default Enjoys Local Registration That Other Judgments Don't

DISGUISING PLAINTIFF IN CAPTION?:
P Can Maintain Anonymity in Caption as Long as Identification Is Offered to D


 FEDERAL JURISDICTION

May New York's Mail Method of Service Be Used in Federal Court, Whose Own Mail Method Has Been Repealed?

         
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