Home > Journals > St. John's Law Review > Vol. 40 > No. 2
Volume 40, May 1966, Number 2
Editorial Board
Articles
The Marital Deduction: Powers of Invasion and the "All Events" Requirement
William J. Howard and Bruno Lederer
The Constitutional Disclosure Duty and the Jencks Act
David B. Wexler
Notes
Recent Reforms in the Law of Estates, Wills and Trusts
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Rent Strike Legislation--New York's Solution to Landlord-Tenant Conflicts
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Recent Developments in New York Law
Conflict of Laws--Babcock Doctrine--Tort Action Between New York Domiciliaries Results in Application of Colorado Guest Statute (Dym v. Gordon, 16 N.Y.2d 120 (1965))
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Constitutional Law--Postal Restriction of Communist Propaganda Deemed Invalid (Lamont v. Postmaster Gen., 381 U.S. 301 (1965))
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Constitutional Law--Right to Travel--Prohibition on Travel to Cuba Upheld as Valid Area Restriction (Zemel v. Rusk, 381 U.S. 1 (1965))
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Criminal Law--Age of Infant Defendant Not Ground for Holding Confession Involuntary (People v. De Flumer, 16 N.Y.2d 20 (1965))
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Criminal Law--Reprosecution for Higher Degree of Crime Held Double Jeopardy (United States v. Wilkins, 348 F.2d 844 (2d Cir. 1965))
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Torts--Dram Shop Act--Statutory Coverage Does Not Preclude Common-Law Negligence Action (Berkeley v. Park, 47 Misc. 2d 381 (Sup. Ct. 1965))
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The Biannual Survey of New York Practice: Part VI--Table of Contents
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CPLR 203(e): Relation Back to Commencement of Personal Injury Action Allowed Where Executor Enlarges Original Action to Include a Claim for Wrongful Death
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General Municipal Law Section 50-e: Motion to File Late Notice of Claim Denied Where City's Ownership of Property Not Discovered by Usual Search
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CPLR 302: No Basis for Jurisdiction Over Defendant Who Was Domiciliary at Time Act Complained Of Was Commited
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CPLR 302(a)(1): Limited Partner Held Subject to Personal Jurisdiction on Basis of His Endorsement Outside New York of a Note for Benefit of New York Partnership
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CPLR 308(1): Personal Service Held Valid Where Papers Served by Party Who Merely Found Them
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CPLR 308(3): Mailing to "Last Known Residence" Not Valid Where Plaintiff Knows that Defendant No Longer Resides There
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CPLR 308(3): Where CPLR 313 Is Inapplicable, "Last Known Residence" Construed to Embrace Only a Residence Within the State
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CPLR 308(3): Claim Interposed for Purpose of Statute of Limitations When Summons Served Pursuant to Statute--Not When Filed
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Vehicle & Traffic Law § 254: Applies for Reasonable Time After Defendant Returns to State After More Than Thirty-Day Absence
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CPLR 311 and BCL § 307: Alternate Methods of Service
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CPLR 325(c): Wrongful Transfer to Lower Court Does Not Affect Monetary Jurisdiction Limit of that Court
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CPLR 603: Court Has Discretion to Allow Severance in Furtherance of Convenience or to Avoid Prejudice
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CPLR 1201: Court May Appoint Guardian Ad Litem in Instances Where Conflict of Interest Might Arise Between Incompetent and Committee
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CPLR 1401: Contribution Between Joint Tort-Feasors
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CPLR 3012: Service of Pleadings and Demand for Complaint
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CPLR 3013: Particularity of Statements in Pleadings
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CPLR 3025(b): Amendment of Pleadings Allowed When Not Prejudicial
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CPLR 3041: Bills of Particulars and the Burden of Proof
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CPLR 3101: Disclosure Against the State in Other Than the Court of Claims
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CPLR 3101(a): Full Pretrial Examination of Codefendants Inter Sese Despite Absence of Cross-Claims
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CPLR 3101(c) and (d): Defendant's Expert May Not Be Called by Plaintiff, Nor Are His Reports Subject to Disclosure
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CPLR 3101(d): Protection Accorded to Statements Made to a Municipality by Its Employees
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CPLR 3122: Affadavits Necessary in Opposition to a Notice to Produce to Negate Any Presumption of Possession, Custody, or Control
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CPLR 3122: Failure to Promptly Move for a Protective Order Not Fatal Where Adverse Party Fails to "Designate with Reasonable Particularity"
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CPLR 3132: Defendant's Right to Serve Interrogatories Without Leave of Court Five Days After Receiving Complaint Sustained Where Counterclaim Interposed
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CPLR 3213: Withdrawal of Moving Papers by Stipulation Where Action Not Discontinued Equated to Situation Resulting from Service of Summons Without Complaint
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CPLR 3216: Forty-Five Day Demand Held Condition Precedent to a 3216 Motion
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CPLR 3216: Dismissal Held Available Against Third-Party Plaintiff
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CPLR 3216: Failure to Perfect Appeal Subject to Dismissal for Neglect to Prosecute
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CPLR 3404: Automatic Dismissals
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CPLR 5105: Enforcement of Judgment by Contempt Available Where Defendant Is Only a Remedial Fiduciary
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CPLR 5201: Determination of What Is a Debt Subject to Attachment
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CPLR 5208: Enforcement After Death of Judgment Debtor; Leave of Court
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CPLR 5222: Restraining Notices
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CPLR 5227: Payments of Debts Owed to Judgment Debtor--Priority
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CPLR 5231: Form Over Substance--Or Substance Over Form?
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CPLR 5701: Order Denying Motion to Dismiss After Jury Fails to Return a Verdict Held Not Appealable
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CPLR 7801: Assessment of Civil Penalty
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CPLR 8301: Taxation of Medical Expert's Actual Fee Disallowed
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CPLR 8303(a)(2): Award of Allowance in a Difficult Case
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UDCA § 204: District Court Has Jurisdiction to Determine Right to Possession Although Issue of Title Is Raised
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CCA § 212: Reinstatement of Evicted Tenants
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