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October, 2005
 

Overview of topics...

LEAD NOTE:

CAN A MOTION TO DISMISS UNDER CPLR 3211 CIRCUMVENT THE TIME LIMIT ON THE MOTION FOR SUMMARY JUDGMENT UNDER CPLR 3212?

NEW LAWS:

  • Enforcement Exemption for Judgment Debtor's Principal Residence Is Raised from $10,000 to $50,000

SPECIAL NOTE :

  • Successor Corporation, While Substantively Responsible for Predecessor's Acts, Is Not Subject to Longarm Jurisdiction That Predecessor Would Have Faced

GENERAL PRACTICE:

  • Index Number Paid on Pre-Action Disclosure Application Doesn't Serve for Commencement of Action Itself
  • If Fee Is Paid and Number Assigned, Does Failure to Include Number on Summons and Complaint Undo Jurisdiction?
  • When Assigned Claims Arise from Numerous Separate Events, Failure to Sever Is Abuse of Discretion
  • Defendant Seeking Stay Because of Military Service Has Burden to Show That the Service Precludes Participation in Action
  • Clerk's Failure to File Order of Attachment Makes State Liable
  • Expert's Article Addresses Election Law Proceedings

BACKLOG ITEMS:

  • Supreme Court Transfer Down Does Not Automatically Establish Civil Court's Subject Matter Jurisdiction
  • Mere Registration Procedure for Sister-State Judgment Is Not Available If Judgment Was Entered on Default
  • Absence of Letter of Engagement Again Forfeits Fee

 


 ARTICLE HEADLINES


Feature Article:

CAN A MOTION TO DISMISS UNDER CPLR 3211 CIRCUMVENT THE TIME LIMIT ON THE MOTION FOR SUMMARY JUDGMENT UNDER CPLR 3212?

New Laws:

HOMESTEAD EXEMPTION
Exemption for Judgment Debtor's Principal Residence Is Raised from $10,000 to $50,000

General Practice:

PRE-ACTION DISCLOSURE
Index Number Paid on Pre-Action Disclosure Application Doesn't Serve for Commencement of Action Itself

 

 
MORE ABOUT INDEX NUMBERS
If Fee Is Paid and Number Assigned, Does Failure to Include Number on Summons and Complaint Undo Jurisdiction?

SEVERING ASSIGNED CLAIMS
When Assigned Claims Arise from Numerous Separate Events, Failure to Sever Is Abuse of Discretion

SUCCESSOR CORPORATION, WHILE SUBSTANTIVELY RESPONSIBLE FOR PREDECESSOR'S ACTS, IS NOT SUBJECT TO LONGARM JURISDICTION THAT PREDECESSOR WOULD HAVE FACED

MILITARY AFFIDAVIT
Defendant Seeking Stay Because of Military Service Has Burden to Show That the Service Precludes Participation in Action

STATE'S LIABILITY
Clerk's Failure to File Order of Attachment Makes State Liable

 

 


ARTICLE ON ELECTION LAW
Law Journal Article Addresses Election Law Proceedings

Backlog Items:

CPLR 325(d) TRANSFER DOWN
Supreme Court Transfer Down Does Not Automatically Establish Civil Court's Subject Matter Jurisdiction

ENFORCING SISTER-STATE JUDGMENT
Mere Registration Procedure for Sister-State Judgment Is Not Available If Judgment Was Entered on Default

LETTER OF ENGAGEMENT
Absence of Letter of Engagement Again Forfeits Fee

 

         
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