Home > Journals > St. John's Law Review > Vol. 43 > No. 2
Volume 43, October 1968, Number 2
Editorial Board
Articles
The Practice of Bankruptcy
Max Schwartz
Note
The Fred Meyer Case and Section 2(d) of the Robinson-Patman Act
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Recent Developments in New York Law
Conflict of Laws--State Interest Not Sole Criterion in Choice of Appropriate Law--More General Considerations Held Cognizable (Miller v. Miller, N.Y. 1968)
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Taxation--Corporate Spin-Offs--Reorganization Plan Must Distribute Eighty Percent Control To Qualify for Section 355 Nonrecognition Provision (Commissioner v. Gordon, U.S. 1968)
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The Quarterly Survey of New York Practice Table of Contents
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CPLR 204(b): Toll Will Not Be Granted Where Colorable Basis for Arbitration Is Lacking
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CPLR 214: "Continuing Practice" Theory Applied in Attorney Malpractice Cases
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CPLR 302(a)(1): Making Promissory Note Payable in New York Not Deemed a Transaction of Business Here
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CPLR 302(a)(1), CCA § 404(a): Placement of Telephone Order for Goods with New York Domiciliary Not Deemed a Transaction of Business Here
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CPLR 302(a)(1): Preparation of Separation Agreement in New York Not Deemed a Transaction of Business Here
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CPLR 308(4): Court of Appeals Establishes Guidelines for Substituted Service
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CPLR 308(4): Designee Faced with Procedural Dilemma
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CPLR 316: Mailing Requirement Interpreted
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N.Y. Const., Art. VI, § 7(c): Court of Appeals Clarifies Breadth of Supreme Courts' Jurisdiction
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N.Y. Const., Art. VI, § 19(a): Consent of Parties Not Needed To Effect Transfer to Lower Court
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N.Y. Const., Art. VI, § 19(a): Consent of Surrogate Not Needed To Effect Transfer
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CPLR 403: Service or Order To Show Cause in Specified Manner Does Not Create Jurisdictional Predicate
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CPLR 410: Court Suggests Procedure for Personal Injury Plaintiff with Insurer's Disclaimer
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CPLR 602: First Department Clarifies Distinction Between Joint Trial and Consolidation
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CPLR 602: Second Department Allows Consolidation of Action with Special Proceeding
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CPLR 1002: Plaintiff May Rely upon Any Evidence Introduced in Case as Against Any Defendant
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CPLR 2501: Party May Not Be His Own Surety
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CPLR 3012(b): Retention of Belatedly Served Complaint Held To Be Waiver of Objection
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CPLR 3017(a): Fiduciary Relationship Necessary fo an Accounting
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CPLR 3101(a): Court of Appeals Interprets "Material and Necessary"
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CPLR 3102(f): Disclosure Not Available When State Is Non-Party Witness
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CPLR 3120(b): Court Disallows Non-Party's Disclosure Expenses Temporarily
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CPLR 3121: Limited by CPLR 3101(b)
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CPLR 3121: Party May Not Retain Adversary's Expert
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CPLR 3126: Substantial Attorney's Fees Imposed
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CPLR 3140: Interdepartmental Conflict Develops
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CPLR 3212(e): Entry of Partial Summary Judgment Proper Despite Outstanding Counterclaims in Excess of Demands in Complaint
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CPLR 3215(h): Judgment May Be Entered Pursuant to Stipulation of Settlement Without Notice to Adversary
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CPLR 3216: Held Unconstitutional by First Department
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CPLR 3216: Court Holds Dismissal "On the Merits" Will Not Preclude Interposing Same Fact in Counterclaim or Affirmative Defense, Because Case Deemed, Sui Generis
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Res Judicata: Jurisdictional Question Can Be Reopened Unless Based on Litigated Question of Fact
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Collateral Estoppel: Glaser v. Huelte Followed
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Collateral Estoppel: Court of Claims Interprets DeWitt Requirements
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Collateral Estoppel: DeWitt Principle Held Inapplicable in Fellow Passenger Situation
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CPLR 3403: Defendant's Offer of Financial Assistance Used To Block "Destitution" Preference
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CPLR 3403: "Seider" Plaintiff Denied "Attachment" Preference
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CPLR 5001(a): Interest from Time of Accident Denied in Breach of Warranty Action for Personal Injuries
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CPLR 5002: Interest Allowed from Date of Arbitration Award
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CPLR 5015(a): Court May Vacate a Judgment It Has Rendered
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CPLR 5201: Court of Appeals Holds Seider v. Roth Constitutional
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CPLR 5201: "Seider" Action Dismissed on Forum Non Conveniens Grounds
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CPLR 5222: Given Lien Value
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Motion to Reargue May Not Be Used to Extend Time to Appeal
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CPLR 6312: Preliminary Injunction May Be Granted Despite Lack of a Pleading
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CPLR 7502; 7503: First Application to Court Arising Out of Arbitrable Controversy Must Be Served in Accordance with CPLR 7503
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CPLR 7511: Arbitrator's Award Difficult To Set Aside
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CPLR 8101: Costs Allowed on Application To Confirm Arbitration Award
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BCL § 307: Applicable in Quasi In Rem Situations
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DRL § 211: Motion to Dismiss for Insufficiency Deemed Premature until Termination of Conciliation Proceedings or Expiration of 120 Days
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DRL § 211; § 232: Questions as to Service of Complaint Answered
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GML § 50-e: CPLR 2004 Applied
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