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November, 2005
 

Overview of topics...

LEAD NOTE:

NEW LAW, EFF. JAN. 1, 2006, GIVES DISTRICT AND CITY COURTS
EQUITY JURISDICTION IN HOUSING CASES

NEW LAWS:

  • Provisional Remedies of Attachment and Injunction Are Made Available Even in Arbitrations in International Arena

FEDERAL/STATE INTERPLAY :

  • As Long as There's Diversity of Citizenship, One Party's Satisfying the $75,000 Jurisdictional Threshold Earns "Supplemental" Jurisdiction for the Others

SPECIAL NOTE :

  • When Does Time to Remove Based on Diversity of Citizenship Start If Diversity Isn't Manifest at Outset?

GENERAL PRACTICE:

  • Second Department Specifically Holds that Motion to Reargue May Be Made During Appeal's Pendency
  • Arbitrators Can't Award Punitive Damages Under New York Act But Can Under Federal Act
  • CPLR 3404, Providing for Dismissal of Abandoned Cases, Held Applicable in Lower Courts
  • Joining Defendants' Lawyers as Additional Parties on Application for Preliminary Injunction Brings Sanctions
  • Objection that Plaintiff Foreign Corporation Has No New YorkLicense Is Waived by Defendant's Not Raising It Promptly
  • Recent Article Goes Into Depth About When Summary Judgment Motion Can Be Held Up While Opposing Party Seeks Further Disclosure
  • Suggestions for Making Sure in Change of Venue Case ThatTransferee Court Knows About Change

 


 ARTICLE HEADLINES


Feature Article:

NEW LAW, EFF. JAN. 1, 2006, GIVES DISTRICT AND CITY COURTS
EQUITY JURISDICTION IN HOUSING CASES

New Laws:

PROVISIONAL REMEDIES IN ARBITRATION
Provisional Remedies of Attachment and Injunction Are Made Available Even in Arbitrations in International Arena

Federal/State Interplay:

SUPPLEMENTAL JURISDICTION
As Long as There's Diversity of Citizenship, One Party's Satisfying the $75,000 Jurisdictional Threshold Earns "Supplemental" Jurisdiction for the Others

 

 


WHEN DOES TIME TO REMOVE BASED ON DIVERSITY OF CITIZENSHIP START IF DIVERSITY ISN'T MANIFEST AT OUTSET?

General Practice:

TIME TO MOVE TO REARGUE
Second Department Specifically Holds That Motion to Reargue May Be Made During Appeal's Pendency

ARBITRATING PUNITIVE DAMAGES?
Major Difference: Arbitrators Can't Award Punitive Damages Under New York Act But Can Under Federal Act

DISMISSAL OF ABANDONED CASES
CPLR 3404, Providing for Dismissal of Abandoned Cases, Held Applicable in Lower Courts

SANCTIONS
Joining Defendants' Lawyers as Additional Parties on Application for Preliminary Injunction Brings Sanctions

 

 


FOREIGN CORPORATIONS
Objection that Plaintiff Foreign Corporation Has No License to Do New York Business Is Waived by Defendant's Not Asserting It as Defense

SUMMARY JUDGMENT
Recent Article Goes Into Depth About When Summary Judgment Motion Can Be Held Up While Opposing Party Seeks Further Disclosure

CHANGING VENUE
Clerk's Letter Contains Suggestions for Making Sure Transferee Court Knows About Case

LETTER OF ENGAGEMENT
Absence of Letter of Engagement Again Forfeits Fee

 

         
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