|
 Feature Article:
REQUIREMENTS FOR DISCLOSURE FROM NONPARTY GET EXTENSIVE REVIEW BY SECOND DEPARTMENT
General Practice Points:
"CONDITIONAL" ORDER NOT REQUIRED
Defendant's Continued Flouting of Disclosure Obligations Brings Striking of Answer; No "Last Chance" Warning Required
NOTICE OF CLAIM
County Employee Can Be Sued Individually Without Being Named in Notice of Claim If Tort Charged Is Intentional
|
|
INTEREST ON FEDERAL JUDGMENT
Even on Federal Judgment Based on Diversity, Federal (Not State) Rate Applies to Post-Judgment Interest
NO RECOVERY FOR UNLICENSED CONTRACTORContractor Can't Circumvent Licensing Statute by Arranging to "Lend" Money to Homeowner and Then Suing on Checks Given in Payment of "Loan"
TRIAL BY JURY
Claim to Declare That Assets Held by Third Party Belong to Judgment Debtor Is Triable by Jury
CPLR FORECLOSURE CONFERENCES
Extensive Article Appears on Status and Accomplishment of the CPLR 3408 Conferences Mandated in Residential Mortgage Foreclosure Cases
|
|
VACATING DEFAULTS
Personal Injury Defendant Who Ignores Insurer's Disclaimer and Just Keeps Asking for Representation Ends Up with Unvacat able Default Judgment
General Practice Points:
LIABILITY OF SURETY
Liability of Surety on Bond Given to Discharge Mechanic's Lien Is Face Amount of Bond; Surety Is Not Liable for Interest That Brings It Beyond, Unless Surety Itself Is in Default
COMMENCING SPECIAL PROCEEDING
CPLR 305(b) Notice, Usable to Start Action Without Complaint, Is Not Available at All to Commence Special Proceeding
|
