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October, 2004
 

Overview of topics...

Lead Note:

FREQUENT PROBLEMS OF TIMING CROSS-MOTIONS — INCLUDING COMPLICATIONS MET WHEN CROSS-MOTION IS REARGUMENT
MOTION — GET SPECIAL ATTENTION FROM COURT

General Practice:

  • Fourth Dep't Says That Second Lis Pendens Is Okay in Mortgage Foreclosures Even After First One Lapses
  • Complaint Itself Held Permissible Housing for Request to File Late Notice of Claim; Separate Application Not Necessary
  • Prolonged Trial Delay in Foreign Forum Is Not Ground for New York's Entertaining Case
  • When One of Two Alternate Jurors Must Be Used, Selection Between Them Must Be Random
  • Can Motion to Restore Made Within Year After Calendar Striking Be Conditioned on Plaintiff's Attorney Paying Money Penalty?
  • Where Military Affidavit Is Not Filed Until After Default Is Taken, Defect Is Held Jurisdictional and Judgment Is "Void Ab Initio"

Special Note:

  • Defendant Domiciled in N.Y. at Time of Outside-State Accident Remains Subject to N.Y. Jurisdiction Even After Moving

Backlog Items :

  • Third Department Squarely Behind Second's Lopez Case on Dividing Line Between CPLR 3216 and CPLR 3404 Dismissals
  • Interest on Quantum Meruit Claim Denied Because of Delay in Pursuing Claim, Although Claim Itself Is Sustained
  • Default by Defendant Doesn't Bar Court from Looking Into Basis of Foreign Forum's Jurisdiction

 


 ARTICLE HEADLINES


FEATURE ARTICLE:

FREQUENT PROBLEMS OF TIMING CROSS-MOTIONS — INCLUDING COMPLICATIONS MET WHEN CROSS-MOTION IS REARGUMENT
MOTION — GET SPECIAL ATTENTION FROM COURT

General Practice Points:

LIS PENDENS
Fourth Dep't Says That Second Lis Pendens Is Okay in Mortgage Foreclosures Even After First One Lapses

LATE NOTICE OF CLAIM
Complaint Itself Held Permissible Housing for Request to File Late Notice; Separate Motion or Proceeding Not Necessary

FORUM NON CONVENIENS
Prolonged Trial Delay in Foreign Forum Is Not Ground for New York's Entertaining Case

 

 


ALTERNATE JURORS
When One of Two Alternate Jurors Must Be Used, Selection Between Them Must Be Random

SANCTION ON CALENDAR RESTORATION
Can Motion to Restore Made Within Year After Calendar Striking Be Conditioned on Plaintiff's Attorney Paying a Money Penalty?

MILITARY AFFIDAVIT
Where Military Affidavit Is Not Filed Until After Default Is Taken, Defect Is Held Jurisdictional and Judgment Is "Void Ab Initio"

Special Note:

DEFENDANT DOMICILED IN N.Y. AT TIME OF OUTSIDE-STATE ACCIDENT REMAINS SUBJECT TO N.Y. JURISDICTION EVEN AFTER MOVING

 

 
Backlog Items:

LAXNESS DISMISSALS
Third Department Squarely Behind Second's Lopez Case on Dividing Line Between CPLR 3216 and CPLR 3404 Dismissals

INTEREST ON CLAIM
Interest on Quantum Meruit Claim Denied Because of Delay in Pursuing Claim, Although Claim Itself Is Sustained

ENFORCING FOREIGN JUDGMENTS
Default by Defendant Doesn't Bar Court from Looking Into Basis of Foreign Forum's Jurisdiction

 

         
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