Siegel's Practice Review - Issue No. 249, September 2012 Headlines & Topics - New Laws, Civil Practice, New York Attorneys/Lawyers


September, 2012

Overview of topics...

LEAD NOTE:

Selecting Arbitration Forum: Factors in Considering Which Arbitration Organization to Choose

SPECIAL NOTE:

Spoliation: Personal Injury Plaintiff's Submission to Surgery After Ignoring Physical Exam Orders Brings Ultimate Penalty of Dismissal

GENERAL PRACTICE:

Mere Copies of Affidavits Are Okay; Filing Need Not Be of "Originally Signed" Ones
Notice Required by RPAPL § 1303 Doesn't Apply to Foreclosure of Liens Other Than Mortgages
Debt Collector's Many Calls to Debtors to Collect $514 Debt Were Not Designed to Harass and Can't Support Damages Claim Under Fair Debt Collection Act
Debtor's Diligent Pursuit of His CPLR 5222-a Rights Results in Preserving Exempt Funds in His Bank Account, and in Penalties Imposed on Creditor, Including Attorneys' Fees

BACKLOG ITEMS:

Foreign Corporation Not Certificated to Do Business in New York Is Nonresident for Venue Purposes Despite Actual Place of Business and High Volume of Activity
Improperly Setting Proceeding's Return Day on Weekend Is Correctable If Respondent Not Prejudiced

ARTICLE HEADLINES

Feature Article

SELECTING ARBITRATION FORUM
Factors in Considering Which Arbitration Organization to Choose

Special Note

SPOLIATION BRINGS DISMISSAL
Personal Injury Plaintiff's Submission to Surgery After Ignoring Physical Exam Requires Dismissal of Action

General Practice Points

COPIES OF AFFIDAVITS
Mere Copies of Affidavits Are Okay; Filing Need Not Be of "Originally Signed" Ones

FORECLOSURE OF LIENS
Notice Required by RPAPL § 1303 Doesn't Apply to Foreclosure of Liens Other Than Mortgages

DEBT COLLECTION PRACTICES
Debt Collector's Many Calls to Debtors to Collect $514 Debt Were Not Designed to Harass and Can't Support Damages Claim Under Fair Debt Collection Act

EXEMPT FUNDS ISSUES
Debtor's Diligent Pursuit of His CPLR 5222-a Rights Results in Preserving Exempt Funds in His Bank Account, and in Penalties Imposed on Creditor, Including Attorneys' Fees

Backlog Items:

VENUE AGAINST FOREIGN CORPORATION
Foreign Corporation Not Certificated to Do Business in New York Is Nonresident for Venue Purposes Despite Actual Place of Business and High Volume of Activity

ERRONEOUS RETURN DAY
Setting Proceeding's Return Day on Weekend Is Correctable If Respondent Not Prejudiced