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      Issue Number 212

August, 2009
 

Overview of topics...

LEAD NOTE :

  • The Difficulties of Establishing Fraud Such as Will Support an Order of Attachment

SPECIAL NOTE :

  • Even If Arbitral Award Has Been Satisfied, Party Is Entitled to Judicial Confirmation of It, and Entry of Judgment

GENERAL PRACTICE:

  • City Marshals Retain Power to Enforce Supreme Court Judgments
  • At No-Fault Insurers' Behest, Court Enjoins Numerous Unqualified Corporations from Bringing No-Fault Claims
  • Answer to Divorce Complaint's Allegations of Adultery Need Not Be Verified
  • Stipulation That Motion Be Filed Within 60 Days After Note of Issue Is Filed Is Not Satisfied by Merely Serving Motion Within That Time
  • D's Motion to Vacate Default Judgment Ruled Untimely; D Should Have Based Motion on Lack of Jurisdiction, Which Has No Time Limit
  • Dismissal for Suing in Name of "Estate", Corrected in Second Action by Properly Using Name of Administrator, Allows Second Lis Pendens
  • When Trial in Bifurcated Personal Injury Action Establishes Liability, Subsequent Damages Award, Even by Arbitrator, Carries Interest from Liability Determination
  • No Declaratory Judgment Allowed on Insurer's Disclaimer in Civil Court If Amount Sought Doesn't Exceed $25,000

 ARTICLE HEADLINES


Feature Article:

THE DIFFICULTIES OF ESTABLISHING FRAUD SUCH AS WILL SUPPORT AN ORDER OF ATTACHMENT

Arrow bullet Special Note:

CONFIRMING ARBITRATION AWARD
Even If Award Has Been Satisfied, Party Is Entitled to Judicial Confirmation of It, and Entry of Judgment

General Practice:

ENFORCING SUPREME COURT JUDGMENTS
City Marshals Retain Power to Enforce Supreme Court Judgments

 


FRAUDULENT NO-FAULT CLAIMS

At No-Fault Insurers' Behest, Court Enjoins Numerous Unqualified Corporations from Bringing No-Fault Claims

VERIFICATION IN DIVORCE ACTION
Answer to Divorce Complaint's Allegations of Adultery Need Not Be Verified

SUMMARY JUDGMENT MOTION
Stipulation That Motion Be Filed Within 60 Days After Note of Issue Is Filed Is Not Satisfied by Merely Serving Motion Within That Time

DESIGNATING WRONG MOTION
D's Motion to Vacate Default Judgment Ruled Untimely; D Should Have Based Motion on Lack of Jurisdiction, Which Has No Time Limit

 

 
LIS PENDENS
Dismissal for Suing in Name of "Estate", Corrected in Second Action by Properly Using Name of Administrator, Allows Second Lis Pendens

INTEREST ON AWARD
When Trial in Bifurcated Personal Injury Action Establishes Liability, Subsequent Damages Award, Even by Arbitrator, Carries Interest from Liability Determination

CIVIL COURT JURISDICTION
No Declaratory Judgment Allowed on Insurer's Disclaimer in Civil Court If Amount Sought Doesn't Exceed $25,000


         
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