Digital Commons Network^™

Cplr 5015: Court Has Inherent Discretionary Power To Relieve Party From Judgment After Lapse Of Statutory Period, St. John's Law Review Aug 2012

Cplr 3215(A): Court Sua Sponte Dismisses Complaint For Improper Service In Response To Plaintiff's Motion For Default Judgment, St. John's Law Review Aug 2012

Cplr 3216: Claim That Failure To Timely File Note Of Issue Was Result Of Attorney's Poor Health, Without Medical Evidence, Will Not Prevent Dismissal For Want Of Prosecution, St. John's Law Review Aug 2012

Collateral Estoppel: Determination Made In Criminal Prosecution May Not Be Relitigated In Subsequent Civil Action, St. John's Law Review Aug 2012

Cplr 3101: Restrictions On Pretrial Disclosure In Matrimonial Actions Deemed Obsolete, St. John's Law Review Aug 2012

Cplr 3025(B): Second Department Reverses Order Denying Leave To Amend Answer Where No Prejudice Was Shown, St. John's Law Review Aug 2012

Cplr 3041: Bill Of Particulars May Not Contain Reservation Of Right To File Supplemental Bill, St. John's Law Review Aug 2012

Cplr 327: Denial Of Permission To Arbitrate On The Ground Of Forum Non Conveniens, St. John's Law Review Aug 2012

Cplr 308(5): Defendant's Attempt To Evade Service Of Process By Deception Held Ineffective, St. John's Law Review Aug 2012

Cplr 305(B): Court Is Powerless To Enter Default Judgment Where Notice Served With Summons Fails To State Object Of Action, St. John's Law Review Aug 2012

Cplr 301: Parent Corporation Found To Be Doing Business In New York On Agency Theory, St. John's Law Review Aug 2012

Cplr 208: Insanity Which Extends Statute Of Limitations Includes Temporary Mental Incapacity To Protect One's Rights Arising From Physical Injury, St. John's Law Review Aug 2012

Cplr 211(B): Support Order Qualifies As Money Judgment Subject To Conclusive Presumption Of Payment After Twenty Years, St. John's Law Review Aug 2012

Cplr 202: Cause Of Action In Negligence Accrues At Place Of Injury For Borrowing Statute Purposes, St. John's Law Review Aug 2012

Cplr 207: Statute Of Limitations Not Tolled For Period Of Absence From State When Personal Jurisdcition Was Obtainable Over Defendant Through Expedient Service, St. John's Law Review Aug 2012

The Quarterly Survey Of New York Practice Table Of Contents, St. John's Law Review Aug 2012

Ins. Law § 59-A: Unauthorized Act In New York By Agent Of Foreign Insurer Held Sufficient Basis For Personal Jurisdiction, St. John's Law Review Aug 2012

Gml 50-E: Infant Permitted To File Late Notice Of Claim Where Infancy May Have Been Important Factor In Failure To Timely File, St. John's Law Review Aug 2012

Ins. Law: Insurer Not Liable In Excess Judgment Suit Where Refusal To Defend Or Settle Is Based On Good Faith Belief That Policy Had Been Cancelled, St. John's Law Review Aug 2012

Ct. Cl. Act § 10: Statutes Of Limitations Or Conditions Precedent?, St. John's Law Review Aug 2012

Gml 50-A To 50-I: Notice Of Claim Not Required In Contract Action, St. John's Law Review Aug 2012

Cplr 7511(A): Date Of Actual Delivery Of Arbitration Award Must Be Stated In Pleading Ninety-Day Statute Of Limitations, St. John's Law Review Aug 2012

Cplr 7511(B)(1)(Ii): Arbitration Award Affirmed, Where Challenged Arbitrator Had Prior Attorney-Client Relationship With One Party, When Opposing Party Knowingly Waived Its Objection, St. John's Law Review Aug 2012

Cplr 7503(C): Requirement That Application For Stay Of Arbitration Be Made Within Ten Days Of Notice Of Intention To Arbitrate Held Inapplicable Where Respondent Concealed Material Fact In Order To Create Coverage Under Insurance Policy, St. John's Law Review Aug 2012

Cplr 7503: First Department Recommends Time Limitation For Proceeding With Arbitration, St. John's Law Review Aug 2012

Cplr 7501: Broad Arbitration Clause Compels Submission Of Question Of Recovery Of Consequential Damages To Arbitrator Notwithstanding Damage Limitation Clause, St. John's Law Review Aug 2012

Cplr 7501: Right To Jury Trial On Issue Of Existence Of Arbitration Agreement, St. John's Law Review Aug 2012

Cplr 7102: Due Process Protects All Types Of Property, St. John's Law Review Aug 2012

Cplr 7501: Separability Of The Arbitration Provision--Time To Reconcile New York And Federal Approaches, St. John's Law Review Aug 2012

Collateral Estoppel: Court Of Appeals Affirms That Prior Judgment Establishing Freedom From Negligence Does Not Establish Freedom From Contributory Negligence, St. John's Law Review Aug 2012