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May 2003
 

Overview of topics...

Lead Note:

  • COURT OF CLAIMS OR SUPREME COURT?
    WHICH COURT TO USE WHEN COURT OF CLAIMS JURISDICTION
    IS UNCLEAR AND CONFLICTING DECISIONS ARE POSSIBLE

General Practice:

  • Has Attorney, as Opposed to Client Creditor, Claim Against Garnishee Bank for Misrepresenting Whether Debtor Had Account There?
  • Receiver Is Appointed to Sell Debtor's Realty Because It Allows for Private Sale and Better Price
  • Failure to Give 90-Day Warning to Architect Before Suing on Claim More Than 10-Years-Old Is Not Jurisdictional
  • Lapsed Lis Pendens May Be Revived in Mechanic's Lien Foreclosures; Court Says Strict Sakow Rule Doesn't Apply When Lis Pendens Is Mandatory
  • When P Sues D, and D Defaults But Only After Impleading X, Is X Entitled to Dismissal of D's Third-Party Claim?
  • Should Insurer Delayed in Becoming Subrogated Because of Dispute with Insured Sue Tortfeasor Anyway and Just Seek Stay?
  • Can Virginia Sheriff's Failures in Enforcing New York Judgment Subject Him to New York Jurisdiction for Damages?
  • D Is Allowed on Retrial to Use MD Expert That D Was Barred from Using at Earlier Trial

Backlog Item:

  • Filing Note of Issue Under Pressure of CPLR 3216 90-Day Demand Doesn't Bar Dismissal If Case Still Not Ready

 ARTICLE HEADLINES

FEATURE ARTICLE:
COURT OF CLAIMS OR SUPREME COURT?
WHICH COURT TO USE WHEN COURT OF CLAIMS JURISDICTION
IS UNCLEAR AND CONFLICTING DECISIONS ARE POSSIBLE


GENERAL PRACTICE

ATTORNEY'S CLAIM AGAINST GARNISHEE?:
Has Attorney, as Opposed to Client Creditor, Claim Against Garnishee Bank for Misrepresenting Whether Debtor Had Account There?

ENFORCEMENT RECEIVERSHIP:
Receiver Is Appointed to Sell Debtor's Realty Because It Allows for Private Sale and Better Price

 


ACTIONS AGAINST ARCHITECTS:
Failure to Give 90-Day Warning to Architect Before Suing on Claim More Than 10-Years-Old Is Not Jurisdictional

LIS PENDENS AND MECHANICS' LIENS:
Lapsed Lis Pendens May Be Revived in Mechanic's Lien Foreclosures; Court Says Strict Sakow Rule Doesn't Apply When Lis Pendens Is Mandatory

DEFAULT FOLLOWING IMPLEADER:
When P Sues D, and D Defaults But Only After Impleading X, Is X Entitled to Dismissal of D's Third-Party Claim?

INSURER'S SUBROGATION DILEMMA
Should Insurer, Delayed in Becoming Subrogated Because of Dispute with Insured, Sue Tortfeasor Anyway and Just Seek Stay?

 

LEVYING THROUGH FOREIGN SHERIFF?:
There's No New York Jurisdiction of Virginia Sheriff for Alleged Failure to Enforce New York Judgment

IDENTIFYING EXPERTS:
D Is Allowed on Retrial to Use MD Expert That D Was Barred from Using at Earlier Trial

BACKLOG ITEMS


3216 VERSUS 3126:
Filing Note of Issue Under Pressure of CPLR 3216 90-Day Demand Doesn't Bar Dismissal If Case Is Still Not Ready

         
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