Siegel's Practice Review - March 2011 Headlines & Topics


March, 2011

Overview of topics...

LEAD NOTE: NEW LAWS

Amendment Seeks to Protect Impending New York Judgment from Being Undermined by Debtor's Quick Bankruptcy Filing
Because Levy Against Foreign Nation Is Delayed Until Court Allows It, Priority Can Be Lost; Amendment Authorizes Attachment as Remedy
Another Statute on Electronic Filing, But Still "Pilot" Project; And in Battle Over Liens, Does Judgment in Court with Electronic Filing Have Advantage?

SPECIAL NOTE:

Disclosure from Nonparty Requires Showing That Data Not Available Through Other Means

GENERAL PRACTICE:

When Attachment in Conjunction with Arbitration Is Sought Only for Security -- Not Jurisdiction -- N.Y. Locale of Property Suffices to Support Attachment Even If All of Claim's Underlying Contacts Are Foreign
First Department Agrees with Fourth: Same-Sex Marriage Made in Canada, Where Valid, Gets Recognition in New York
P (the State Here) Keeps Venue in Albany as Ds Fail to Make Required Showing of Witnesses' Convenience for Discretionary Change to County Where Claim Arose
D's Inexcusably Erasing Hard Drive Before P Could Inspect It Brings Sanction: in This Case a Limited Adverse Inference

ARTICLE HEADLINES

Feature Article(s): New Laws

PRIORITY IN REAL PROPERTY
Amendment Seeks to Protect Impending New York Judgment from Being Undermined by Debtor's Quick Bankruptcy Filing

ATTACHMENT AFTER JUDGMENT?
Because Levy Against Foreign Nation Is Delayed Until Court Allows It, Priority Can Be Lost; Amendment Authorizes Attachment as Remedy

CONTINUING "PILOT" PROJECT
Another Statute on Electronic Filing, But Still "Pilot" Project; And in Battle Over Liens, Does Judgment in Court with Electronic Filing Have Advantage?

General Practice Points:

ATTACHMENTS IN ARBITRATIONS
When Attachment in Conjunction with Arbitration Is Sought Only for Security -- Not Jurisdiction -- N.Y. Locale of Property Suffices to Support Attachment Even If All of Claim's Underlying Contacts Are Foreign

SAME-SEX MARRIAGE
First Department Agrees with Fourth: Same-Sex Marriage Made in Canada, Where Valid, Gets Recognition in New York

ANOTHER ROUND WITH THE MISCHIEVOUS CPLR 3101(a)(4)
Disclosure from Nonparty Requires Showing That Data Not Available Through Other Means

CHANGE OF VENUE
P (the State Here) Keeps Own Venue in Albany as Ds Fail to Make Required Convenience Showing for Change to County Where Claim Arose

DESTROYING HARD DRIVE
D's Inexcusably Erasing Hard Drive Before P Could Inspect It Brings Sanction: in This Case a Limited Adverse Inference