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      Issue Number 258

June, 2013
 

Overview of topics...

LEAD NOTE:

  • Post-Judgment Interest on Federal Judgment Is at Federal, Not State Rate, Even in Diversity Cases and Even Where Judgment Docketed in State Court

SPECIAL NOTE:

  • Mortgage Foreclosure: D's Attempt to Get P's Foreclosure Action Dismissed for Want of Prosecution Fails and Produces Frivolity Sanction Against D's LawyersAppellate Division Weighs in on Mortgage Foreclosures and What Court Can Do When Party Fails to "Negotiate in Good Faith"

GENERAL PRACTICE:

  • City Hospital Corporation Can Waive Statute Requiring Venue in New York City, and Seek Consolidation in Outside Court
  • Pro Se Plaintiffs' Abuse of Judicial Process Brings Court Direction Barring Further Pro Se Activity Without Prior Court Leave
  • Court Has Only Statutorily Conferred Powers to Discharge Lien, But Aggrieved Owner Lienor Can Secure Discharge by Filing Bond

BACKLOG ITEMS:

  • After Examining Report That P's Expert Prepared When Reviewing P's Computer Files, Court Distinguishes Between Mere Material Prepared for Litigation and Attorney's Work Product
  • If Foreclosure Action Is Still "Pending", Affirmation Rule Applies and Absence of Affirmation by P's Lawyer Bars Entry of Judgment

 


 ARTICLE HEADLINES


Feature Article

STATE VERSUS FEDERAL INTEREST ON JUDGMENTS
Post-Judgment Interest on Federal Judgment Is at Federal, Not State Rate, Even in Diversity Cases and Even Where Judgment Has Been Docketed in State Court

arrow Special Note

FORECLOSURE DEFAULT SHOWS MANY PROCEDURAL ISSUES
D's Attempt to Get P's Foreclosure Action Dismissed for Want of Prosecution Fails Because D Never Served Answer, and Produces Frivolity Sanction Against D's Lawyers


 


arrow General Practice Points

WAIVING ADVANTAGEOUS VENUE STATUTE
City Hospital Corporation Can Waive Statute Requiring Venue in New York City, and Seek Consolidation in Outside Court

"GATEKEEPER" DEVICE
Pro Se Plaintiffs' Abuse of Judicial Process Brings Court Direction Barring Further Pro Se Activity Without Prior Court Leave

MECHANIC'S LIENS
Court Has Only Statutorily Conferred Powers to Discharge Lien, But Aggrieved Owner Can Secure Discharge by Filing Bond

 

 

arrow Backlog Items

PRIVILEGED MATTER IN EXPERT'S REPORT
After Examining Report That P's Expert Prepared When Reviewing P's Computer Files, Court Distinguishes Between Mere Material Prepared for Litigation and Attorney's Work Product

AFFIRMATION IN FORECLOSURE ACTIONS
If Action Is Still "Pending", Affirmation Rule Applies and Absence of Lawyer's Affirmation Denies Judgment to Plaintiff


         
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