Siegel's Practice Review - March, 2006 Headlines & Topics


March, 2006

Overview of topics...

LEAD NOTE:

COURT OFFERS EXTENSIVE TREATMENT OF PROPER SUBPOENA PRACTICE WHEN MATERIALS ARE SOUGHT FROM NONPARTY

GENERAL PRACTICE:

Where Guaranty Agreement Allows Creditor to Look Directly to Guarantor for Payment, Debtor's Bankruptcy Does Not Bar Pursuit of Guarantor
P Need Not Return Late Answer to D in Order to Secure Default Judgment
Inclusion of 20-Day Notice in Demand for Arbitration — a NY Procedure — Doesn't Amount to Stipulation to Have New York Law Govern Arbitrability
P, Winning Counsel Fees Award of $8000, Abandons It by Not Submitting Implementing Papers Within 60 Days

SPECIAL NOTE:

The Reminder Letter to the Judge About Overdue Decision on a Motion

BACKLOG ITEMS:

No Reargument Allowed When Sole Basis Is Legal Theory Not Raised on Original Motion
Attorney's Settlement Stipulation in Open Court Binds Client, But Not One Made Out of Court Without Client's Consent
Insurer-Assigned Counsel for Defendant in Personal Injury Action Is Allowed to Withdraw
LLCs and Not-for-Profit Corporations Are, Like Other Corporations, Subject to Article 78 Relief
Complaint Can Include Demand for Specific Sum for Property
Damages

ARTICLE HEADLINES

Feature Article:

COURT OFFERS EXTENSIVE TREATMENT OF PROPER SUBPOENA PRACTICE WHEN MATERIALS ARE SOUGHT FROM NONPARTY

General Practice:

GUARANTOR'S RIGHTS
Where Guaranty Agreement Allows Creditor to Look Directly to Guarantor for Payment, Debtor's Bankruptcy Does Not Bar Pursuit of Guarantor

DEFENDANT'S DEFAULT
P Need Not Return Answer to D After D Defaults

FEDERAL vs. NY ARBITRATION
Inclusion of 20-Day Notice in Demand for Arbitration -- a NY Procedure -- Doesn't Constitute Stipulation to Have New York Law Govern Arbitrability

ABANDONING VICTORY ON MOTION
P, Winning Counsel Fees Award of $8000, Forfeits It by Not Submitting Judgment Within 60 Days

Special Note :

THE REMINDER LETTER TO THE JUDGE ABOUT
OVERDUE DECISION ON A MOTION

Backlog Items:

No Reargument Allowed When Sole Basis Is Legal Theory Not Raised on Original Motion

SETTLEMENTS
Attorney's Settlement Stipulation in Open Court Binds Client, But Not One Made Out of Court Without Client's Consent

WITHDRAWAL OF COUNSEL
Insurer-Assigned Counsel for Defendant in Personal Injury Action Is Allowed to Withdraw

LLC'S AND NOT-FOR-PROFIT CORPORATIONS
LLCs and Not-for-Profit Corporations Are, Like Other Corporations, Subject to Article 78 Relief

PLEADING SUM SOUGHT
Complaint Can Include Demand for Specific Sum for Property Damages