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27 Jun 2018, 8:52 am
The “unit’ of possession for a CP prosecution is the container–a computer, a cellphone, or a plug-in drive, each is a separate unit. [read post]
13 Aug 2010, 12:51 am
Practice point: A court may sanction a party for willfully failing to comply with discovery, pursuant to CPLR 3216. [read post]
5 May 2010, 12:52 am
Practice point: Collateral estoppel bars relitigation in a state action an issue that has been decided in a federal action in which there was a full and fair opportunity to litigate. [read post]
1 Oct 2010, 12:45 am
Practice point: Stipulations of settlement are contracts and will be interpreted as such. [read post]
8 Apr 2011, 8:12 am
The Kansas Supreme Court has imposed a published censure of an attorney for his conduct in an immigration matter. [read post]
30 Jul 2010, 12:50 am
Practice point: There is a presumption that the public is entitled to access to judicial proceedings and court records. [read post]
3 May 2010, 12:50 am
Practice point: A process server’s affidavit is prima facie evidence of proper service, pursuant to CPLR 308(4). [read post]
1 Jun 2010, 1:00 am
Practice point: The court may require plaintiff to post an undertaking when granting a preliminary injunction to permit the parties to engage in mediation. [read post]
5 Oct 2010, 12:49 am
Practice point: A defendant looking to vacate a default judgment must demonstrate a reasonable excuse and a potentially meritorious defense. [read post]
5 Feb 2010, 1:09 am
Practice point: A court may stay or dismiss an action that, although jurisdictionally sound, would be better adjudicated elsewhere. [read post]
4 Jun 2010, 12:45 am
Practice point: The court may determine that a pattern of noncompliance with discovery orders is so significant that the severe sanction of striking the answer is appropriate. [read post]
2 Dec 2009, 1:15 am
Practice point: Pursuant to CPLR 3211(a)(4), a court has broad discretion in determining whether an action should be dismissed on the ground that there is another action pending between the same parties for the same cause of action. [read post]
29 Apr 2010, 12:59 am
Practice point: The method of service provided for in an order to show cause is jurisdictional, and strict compliance is required. [read post]
26 Mar 2010, 1:06 am
Practice point: When served with a 90-day demand, plaintiff must seek an extension to comply, move to vacate the notice, or file a note of issue. [read post]
18 Feb 2011, 12:33 am
Practice point: While CPLR 5019(a) gives the court discretion to correct a technical defect or a ministerial error, it may not be invoked to alter a party’s substantive rights. [read post]
30 Dec 2009, 1:19 am
Practice point: In a medical malpractice action, service of the summons and complaint must be accompanied by the notice required by CPLR 3406, and by an attorney’s certificate of merit, pursuant to CPLR 3012-a. [read post]
5 Apr 2010, 2:10 am
Practice point: In moving to dismiss pursuant to CPLR 3211(a)(5), defendant must establish, prima facie, that the time in which to commence the action has passed. [read post]
10 Jul 2007, 11:26 am
"DELAYS HAVE DANGEROUS ENDS"King Henry VI, Part I, Act 3 Scene II. [read post]
30 Mar 2010, 12:59 am
Practice point: Plaintiff’s failure to plead that the fee dispute was not covered by the Fee Dispute Resolution Program, pursuant to 22 NYCRR 136.1[b][2],[6], is not a jurisdictional defect precluding service of an amended complaint. [read post]
3 Aug 2010, 12:48 am
Practice point: An affidavit of service constitutes prima facie evidence of proper service. [read post]
