Default denied based upon quirk of NYCCCA 403 and 404
New York City Civil Court Act sections 403 and 404 create jurisdictional quirk that can defeat default judgments when service of process is made outside NYC limits.
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5 articles by Jason Tenenbaum, Esq.
No need for traverse hearing where there was no opposition
Court rules no traverse hearing needed when plaintiff fails to oppose defendant's motion to vacate service, potentially resulting in statute of limitations defense.
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Consolidation and belated discovery denied
Court denies consolidation and amendment motions in no-fault insurance case, ruling on discovery procedures and fraudulent incorporation claims.
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Summary judgment denied based upon the failure to plead the "emergency doctrine" as an affirmative defense
Court denies summary judgment when defendant failed to plead emergency doctrine as affirmative defense, highlighting importance of proper pleading requirements.
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When Courts Should Deny Late Amendment Motions in New York Legal Cases
Learn when New York courts deny leave to amend motions due to timing issues. Expert analysis of the eve of trial standard for Long Island & NYC cases. Call 516-750-0595.
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