St. John's Law Review | Vol 41 | No. 1

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Volume 41, July 1966, Number 1

Editorial Board

Volume 41, July 1966, Number 1

Articles

Counsel for the Indigent Defendant
Tom C. Clark

The Role of Life Insurance in Estate Planning
Harold G. Wren

Notes

The Civil Rights Act of 1964--Racial Discrimination by Labor Unions
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Third-Party Consent to Search and Seizure--The Need for a New Evaluation
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Recent Developments in New York Law

Constitutional Law--Charitable Trusts--Fourteenth Amendment Applicable to Private Trustees of "Public" Park (Evans v. Newton, 382 U.S. 296 (1966))
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Constitutional Law--Removal of Federal Judges--Relief Denied from Interlocutory Order of Judicial Council (Chandler v. Judicial Council of the Tenth Circuit of the United States, 382 U.S. 1003 (1966))
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Criminal Law--Defendant Not Allowed Credit for Time Served Under Void Conviction if Subsequently Convicted of Same Offense (Morgan v. Cox, 75 N.M. 472 (1965))
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Evidence--Criminal Pretrial Hearing--Evidence Admitted at Pretrial Hearing in Defendant's Absence Is Invalid Basis for Conviction (People v. Anderson, 16 N.Y.2d 282 (1965))
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Military Law--Mandamus--Judicial Review of Court-Martial Conviction Proper in Action to Compel Secretary of Defense to Change Petitioner's Dishonorable Discharge (Ashe v. McNamara, 355 F.2d 277 (1st Cir. 1965)
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The Quarterly Survey of New York Practice Table of Contents
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CPLR 103(c): Proceeding Commenced in Improper Form Will Not Be Dismissed on That Ground Alone
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CPLR 202: Where Cause of Action Accrues to Non-Domiciliary Outside the State, New York Borrowing Statute Applies
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CPLR 204(a): Statute of Limitations No Bar Where Stipulation with Municipality Forced Plaintiff to Delay Commencement of Action
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CPLR 302(a)(2): Applicable Where Defendant Is New York Domiciliary When Cause of Action Arises, But Is Non-Domiciliary at Time the Action Is Commenced
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CPLR 308: Immunity from Service of Process Extended to Arbitration Proceedings
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CPLR 308(3): Validity of Service Unaffected by Defendant's Failure to Find Affixed Process
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CPLR 314(1): Limitation on Service Without the State
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CPLR 325(a): Lack of Jurisdiction No Bar to Removal
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CPLR 403(c) and (d): Care Required to Fulfill Court's Specifications as to Service of an Order to Show Cause
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CPLR 503(c): Corporation's Office as Filed with Secretary of State Recognized Proper for Venue Purposes
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CPLR 602: Consolidation of Actions Pending in Different Inferior Courts Refused by the Supreme Court
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CPLR 1201: Plaintiff Must Establish Defendant's Inability to Defend and Nonfeasibility of Instituting Proceedings for the Appointment of a Committee Before a Guardian Ad Litem Will Be Appointed
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CPLR 2001: Action Commenced Solely in Name of Deceased Person Constitutes Mere Irregularity, Subject to Correction
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CPLR 3012(b): Action Dismissed for Failure to Serve a Complaint
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CPLR 3016(c): Bill of Particulars Not a Satisfactory Alternative for Insufficient Complaint
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CPLR 3026: Pleading Saved Where Cause of Action Can Be Culled from Complaint
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CPLR 3101: Court Sanctions Disclosure Under CPLR 3111 of an Item Apparently Protected by CPLR 3101(d)
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CPLR 3108 and 3109: Availability of Written Questions Where Non-Party Witness Cannot Be Served with Subpoena Within State
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CPLR 3121: Apparent Conflict Between Rules of the Appellate Division, Second Department and CPLR 3121
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CPLR 3121(a): Movant Need Not Prove His Case on the Merits in Order to Obtain Physical Examination of His Adversary
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CPLR 3211(a)(4): Dismissal Denied Where Pending Action Was Instituted Subsequent to the Action Sought To Be Dismissed
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CPLR 3213: Defects in Moving Papers
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Collateral Estoppel: Unavailable to Party Where Issue in Subsequent Suit Was Similar But Not Identical to that Previously Determined
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CPLR 4102: Motion to Frame Issues for Jury Trial Abolished
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CPLR 4402: Inadvertent Reference to Insurance in Action Involving Automobile Registered in New York Not Sufficient Ground Upon Which to Declare a Mistrial
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CPLR 5201: Future Income of a Spendthrift Trust Held Attachable
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CPLR 5201: Fund Beyond Judgment Creditor's Execution
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CPLR 5231: Personal Property Law Section 49-b Limits Income Execution
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CPLR 5231(b): Drawing Accounts Subject to Income Execution
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CPLR 7510: One-Year Statute of Limitations Runs from Date Arbitrators Render Final Determination and Not from Date of Original Award
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CPLR 7801: Supreme Court Issues Order in Nature of Mandamus Directing Justice Court to Set a Trial Date
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Dom. Rel. Law § 243: Motion for Sequestration Subsequent to Separation Action in Which Defendant Has Appeared Held "a Motion in the Action"
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