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      Issue Number 264

December, 2013
 

Overview of topics...

LEAD NOTE:

  • When Does P's Proof of Service Suffice to Make D's Mere Denial of Receipt Ineffective? Service Inadequacies in Foreclosure Cases Turn Into Broader Treatment for All Cases

SPECIAL NOTE:

  • Longarm Jurisdiction in Lower Court: While P Need Not Plead It, P Must Prove It if D Injects Issue

GENERAL PRACTICE:

  • Surrogate's Court Has Jurisdiction to Fix Fees of Out-of- State Law Firm Hired by New York Executor
  • Lawyer's Small Claims Recovery of Fee Doesn't Bar Client's Later Malpractice Action
  • Debtors in Bankruptcy Can't Stay Foreclosure Sale If It Has Already Taken Place

BACKLOG ITEMS:

  • Runarounds Given P While Attempting Service in Medical Malpractice Action Brings P Extension of Time to Serve
  • Court Discusses the "Proceedings" P Must Take to Satisfy Time Limit Imposed by CPLR 3215(c) for Taking Default Judgment

 


 ARTICLE HEADLINES


Feature Article

WHEN DOES P'S PROOF OF SERVICE SUFFICE TO MAKE D'S MERE DENIAL OF RECEIPT INEFFECTIVE?
Treatment of Service Inadequacies in Foreclosure Cases Turns Into Broader Treatment for All Cases

arrow Special Point

LONGARM JURISDICTION IN LOWER COURT
While P Need Not Plead It, P Must Prove It if D Injects Issue


 


arrow General Practice Points

SURROGATE'S POWERS
Surrogate's Court Has Jurisdiction to Fix Fees of Out-of-State Law Firm Hired by New York Executor

ATTORNEY'S FEES
Lawyer's Small Claims Recovery of Fee Doesn't Bar Later Malpractice Action

BANKRUPTCY STAY
Debtors Can't Stop Foreclosure Sale If It Has Already Taken Place

IMPROPER CONTACT WITH JURORS
"Creepy" Nonparty Who "Stalked" Jurors Was Found to Be Working for Defendants, Requiring Setting Aside of Defendants' Verdict

 

 

VDELAY IN SEEKING DEFAULT
ACourt Discusses the "Proceedings" P Must Take to Satisfy Time Limit Imposed by CPLR 3215(c)

EXTENSION OF TIME TO SERVE
Runarounds Given P While Attempting Service in Medical Malpractice Action Brings P Extension of Time to Serve


         
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