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JANUARY 2001
 

Overview of topics...

Lead Note:

APPELLATE JUDGES DISAGREE -- WITH FATAL RESULTS FOR PLAINTIFF -- ABOUT WHEN AND WHETHER TO EXTEND THE 120-PERIOD FOR SUMMONS SERVICE WHEN "GOOD CAUSE" NOT SHOWN

General Practice:

 

  • Governor Vetoes Bill That Would Have Increased Contingent Fees in Medical Malpractice Actions
  • Claim That England Didn't Supply Impartial Forum Is Rejected and Its Judgment Is Recognized
  • Serving Before Filing Special Proceeding Papers Again Brings Dismissal
  • Court Considers How to Determine Interest Rates Against State, Municipalities, Etc.
  • Can Secretary of State Be Served In Albany in City Court Action Brought Several Counties Away?
  • Are Affidavits from Witnesses Themselves Essential on Motion to Change Venue?

Backlog Items:

 

  • To Enforce Judgment Against Asset of D Held by G, Jurisdiction Is Needed Only Over G, Not D
  • Mere Letter Can Constitute Appearance Requiring Notice of Later Steps
  • Importance of General Relief Clause in Notice of Motion

Open Citations:

 

  • Credit (Issue 94:Page 1): 94 N.Y.2d 541, 708 N.Y.S.2d 26.
  • Faragiano (96:2): 708 N.Y.S.2d 661. Ibarra (96:2): 268 A.D.2d 13.
  • Chase (96:3): 268 A.D.2d 115, 708 N.Y.S.2d 128.
  • Board (Farajzadeh) (97:2): 185 Misc.2d 353, 712 N.Y.S.2d 722 (Mar. 31, 2000


 ARTICLE HEADLINES

FEATURE ARTICLE:
APPELLATE JUDGES DISAGREE -- WITH FATAL RESULTS FOR PLAINTIFF -- ABOUT WHEN AND WHETHER TO EXTEND THE 120-PERIOD FOR SUMMONS SERVICE WHEN "GOOD CAUSE" NOT SHOWN

 GENERAL PRACTICE

FEES IN MED MAL ACTIONS:
Governor Vetoes Bill That Would Have Upped Attorneys' Fees in Medical Malpractice Actions

ENFORCING FOREIGN COUNTRY JUDGMENT:
Claim That England Didn't Supply Impartial Forum and Procedure Is Rejected, and Its Judgment Enforced

 
COMMENCING SPECIAL PROCEEDING:
Serving Papers Before Filing Them Is Jurisdictional Defect; So Is Filing Proposed Order to Show Cause Without Then Filing Executed Copy

CITY COURT RESTRICTIONS:
Can Secretary of State Be Served In Albany in Behalf of Corporation Being Sued in City Court in Rome, New York?

INTEREST AGAINST GOVERNMENT UNITS:
Court of Claims Offers Extensive Treatment of Interest Rate to Be Charged State, Municipalities, Etc.

CHANGE OF VENUE AFFIDAVITS:
For Change of Venue on Ground of Convenience of Witnesses, Are Affidavits from the Witnesses Themselves Essential?

 
 BACKLOG ITEMS

ENFORCEMENT OF JUDGMENTS:
To Enforce Judgment Against Asset of D Held by G, Jurisdiction in New York Is Needed Only Over G, Not D

NOTICE OF DEFAULT APPLICATION:
Failure to Notify Appearing Defendant of Motion for Default Voids Foreclosure Sale Even Though Appearance Was by Mere Letter

GENERAL RELIEF CLAUSE:
Illustration of Value of Automatically Including General Relief Clause in Notice of Motion

         
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