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June, 2007
 

Overview of topics...

LEAD NOTE :

  • "PUBLIC POLICY" OVERTURNS ARBITRATION AWARD
    Arbitrator's Suspension of Teacher for Year for Steadily Courting Minor Student Is Overturned as Too Lenient

NEW LAWS :

  • As of September 1, Counter-Orders Must Be Marked to Indicate Changes

SPECIAL NOTE:

  • What Role Does Request for Judicial Intervention Play in Determining When Special Proceeding Is Commenced?

GENERAL PRACTICE:

  • Divided Court Says Hearing in Court Attorney's Chambers Satisfies Public Trial Requirement
  • Death of Party After Motion But Before Decision Does Not Bar Decision
  • When State Sues D in Supreme Court, D's Counterclaim Against State Gets Transferred to Court of Claims
  • No Longarm Jurisdiction Over Individual eBay Seller for Sale of Defective Engine to New York Buyer

BACKLOG ITEMS:

  • Upholding Cross-Motion as Timely, Based on Timely Main Motion, Is Okay Only When It Relates to Same Subject Matter
  • If Action Is Dismissed Because Arbitration Is Required, P Gets Six Months Extension for Commencing the Arbitration
  • Movant's Failure to Submit Copies of Pleadings Requires Denial of Motion for Summary Judgment
  • Defendant Held to Waive Even Objection of Privilege by Ignoring All Directions to Make Disclosure

 ARTICLE HEADLINES


Feature Article:

"PUBLIC POLICY" OVERTURNS ARBITRATION AWARD
Arbitrator's Suspension of Teacher for Year for Steadily Courting Minor Student Is Overturned as Too Lenient

New Laws:

COUNTER-ORDERS
As of September 1, Counter-Orders Must Be Marked to Indicate Changes

General Practice:

PUBLIC TRIAL
Divided Court Says Hearing in Court Attorney's Chambers Satisfies Public Trial Requirement

DEATH OF PARTY
Death of Party After Motion But Before Decision Does Not Bar Decision

 

 


COUNTERCLAIM AGAINST STATE
When State Sues D in Supreme Court, D's Counterclaim Against State Gets Transferred to Court of Claims

SUIT AGAINST eBay SELLER
No Longarm Jurisdiction Over Individual eBay Seller for Sale of Defective Engine to New York Buyer

Special Note:

WHAT COMMENCES ARTICLE 78 PROCEEDING?
Role of Request for Judicial Intervention in Determining
When Special Proceeding Is Deemed Commenced

Backlog Items:

LATE SUMMARY JUDGMENT MOTION
Upholding Cross-Motion as Timely, Based on Timely Main Motion, Is Okay Only When It Relates to Same Subject Matter

 

 


EXTENDING TIME FOR ARBITRATION
If Action Is Dismissed Because Arbitration Is Required, P Gets Six-Month Extension for Commencing the Arbitration

PAPERS ON SUMMARY JUDGMENT MOTION
Movant's Failure to Submit Copies of Pleadings Requires Denial of Motion for Summary Judgment

WAIVER OF PRIVILEGE
Defendant Held to Waive Even Objection of Privilege by Ignoring All Directions to Make Disclosure

 

         
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