Search the Issue Highlights:  

Search Tips

Issue Index About SPR Subscriptions The Author  
 

 

 
     

NOVEMBER 1994
 
Overview of topics...

Lead Note:

DEFINITION OF "ACTUAL PLACE OF BUSINESS" EXPANDED TO FACILITATE SERVICE AT COMMERCIAL "MAIL DROP"

New Laws:

 

  • Affirmation Requirement Under New Bill of Particulars Statutes

The Filing System:

 

  • Mailing Is Not "Filing"
  • Effect of Omitting Notary's Signature

General Practice:

 

  • Suing on Foreign Judgment Based on Arbitration Award Versus Suing on Award Itself
  • Use of Commercial Small Claims Part by Assignee

Backlog Items:

 

  • Need Foreign Subpoena Be Honored?
  • Continuing Conflict on "Relation Back" Doctrine

 ARTICLE HEADLINES

FEATURE ARTICLE:
DEFINITION OF "ACTUAL PLACE OF BUSINESS" EXPANDED TO FACILITATE SERVICE AT COMMERCIAL "MAIL DROP"

 NEW LAWS

AFFIRMATION REQUIREMENT:
Affirmation Requirement on Bill of Particulars Motions Remains Applicable Under New Statutes

 THE FILING SYSTEM

MAILING IS NOT "FILING":
Posting Summons and Complaint on Last Day Doesn't Satisfy Statute of Limitations; Receipt by Clerk Necessary

 
UNSIGNED JURAT:
Notary's Failure to Sign Jurat on Petition in Special Proceeding Is Not Jurisdictional Defect

 GENERAL PRACTICE

SUING IN NEW YORK ON FOREIGN JUDGMENT BASED ON ARBITRATION AWARD VERSUS SUING ON THE AWARD DIRECTLY: THE JUDGMENT'S BETTER

"COMMERCIAL" SMALL CLAIMS COURT:
Suit by Assignee in Commercial Small Claims Court?

 
 BACKLOG ITEMS

FOREIGN SUBPOENAS:
Is New Yorker Served in New York with Foreign Subpoena Obliged to Respond?

STATUTE OF LIMITATIONS:
Continuing Confusion on Application of "Relation Back" Doctrine

         
  ©1993 David D. Siegel  All rights reserved.   |   Web design & hosting by Azurelink.   |  Site Comments?