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Important Features of Pleading and Practice Under the New York Civil Practice ACT

Important Features of Pleading and Practice Under the New York Civil Practice ACT


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 Excerpt: ...of notice of the motion, if made for the first term or sitting of court at which the motion can be heard, shall operate to stay the taking of the testimony until the determination of the motion. If the motion is brought on by order to show cause, the order may be returnable either at chambers or to the court and may contain such a stay.' Naturally, a person making a motion to vacate a notice for the taking of testimony before trial would under no circumstances desire to place himself in default pending the determination of the motion to vacate. The provision just quoted hardly seems to be adequate, particularly in cases pending in New York City, where in New York, Bronx and Kings Counties there is a Special Term motion day every day of the year except Saturdays, Sundays and holidays. In portions of the state where there is a motion day every other Saturday or once a month, the phrase "if made for the first term or sitting of court at which the motion can be heard" may have some value; but in those counties where most of the judicial business is done this phrase is of no value as it would require the attorney upon whom the notice is served to on the same day prepare his motion papers on the motion to vacate and I cause the same to be served returnable at Special Term five days hence, as this is the only way he could make the motion returnable at the first term or sitting of court at which the motion could be heard. The result is that in many counties of the state the motion to vacate will have to be by order to show cause containing a stay of proceedings pending the determination of the motion as provided by Section 291. This is certainly the safe and conservative method to pursue. Examination pursuant to order. It must not be supposed from the dis...


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Product Details
  • ISBN-13: 9781154950625
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 74
  • Spine Width: 4 mm
  • Width: 189 mm
  • ISBN-10: 115495062X
  • Publisher Date: 16 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 150 gr


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