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David M. Gottlieb
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You're right. I fixed it.
bumped: So you want to go solo
First, let's get this out of the way, I don't know anything about running a firm solo or otherwise. I do, however, know where to find informaton about it. One of the first stops should be Solosez, a listserv. It's a great resource and everyone there is pretty nice and helpful. All you need to...
That's the only reason I post the cases. They are a pain in the ass to find otherwise.
The no-fault
Appellate Division M.N. Dental Diagnostics, P.C. v Government Employees Ins. Co., 2011 NY Slip Op 01333 (App. Div., 1st 2011) Insurance Law § 5105(b) requires that mandatory arbitration be used to resolve all disputes between insurers as to their responsibility for the payment of first-party be...
Long story short: My wife's job moved to Ohio. She is there with the kids. I'm still here.
Anyone in Ohio looking to hire?
Hook me up. I'm moving out there relatively soon. Columbus area.
I don't think what I said was that far off. A change-proof career is a steady one. What's the point of an unobsoletable skill, if not to make sure that you keep your job.
But I see what you mean. I took your post past its intent.
The almost bi-monthly writing and motivational round-up
Too much caffeine. Otherwise I'd be sleeping. After a few tylenol PM, I managed to get to sleep. I was talking to someone the other day about how important writing is. But we aren't really told how important until it is almost to late to learn. Had I known, I would have probably taken more c...
test
So what are you doing this weekend?
If you work in any office, you're bound to get this question on Friday. Same if you go to court. My answer is always the same: Not a damn thing. I do this. I sit at the computer and read, looking for things to write. I take a walk with the wife and kids. Sometimes I walk the dog too. But ...
Justify. Why would you take it out? I know you intend on putting it back, but why did you remove the button?
Beta: A New and Improved Compose Editor
UPDATE: We have acted upon your feedback by addressing some pressing issues with the new composer and have now released it to 5% of all TypePad users, continuing to rollout the composer over the course of the next 1-2 weeks. EDIT: Thanks to everyone for the initial feedback. We rolled out fixes ...
No problem.
I know, I waited over a week to respond, and all I could come up with is "no problem." There isn't much more to say. The blogosphere is full of garbage; it's nice to have you in it to pretty up the place.
Thanks for stopping by.
Looks like I picked the wrong week to quit sniffing glue
It's time for my tri-weekly post of roundups of writing posts, motivational posts, and other assorted things that have piqued my interested. Most everything is something I found through my RSS reader. Writing 75 Books Every Writer Should Read (Online Universities.com) (via Holy Kaw!) The Wr...
Your best bet it to find an Appellate Division decision, from the Department you are in, where the Court found the Certificate of Conformity to be sufficient, then pull the papers. Sometimes the Clerks can be helpful and provide you with copies of certificates that they haven't rejected (for defaults). I think westlaw and lexis have forms based on prior litigation where the lower court or appellate court accepted the certificate.
Unless it is profoundly screwed up, most courts accept it without issue.
CPLR § 2309: What's the point?
CPLR § 2309 Oaths and affirmations (c) Oaths and affirmations taken without the state. CPLR § 2309 has been watered down so as to be non-existent. And from what I can tell, it serves no useful purpose. Why not just scrap the damn thing. I really don't care whether we have the section or not...
It will take at least a hundred Article 78's to put a stop to the "filing judges." The rules don't matter unless they are enforced. The biggest problem is that there is no carrot or stick available. Clerks, as a general rule, do not back down or scare easy. And sweet talk will only get you so far. Although being nice usually works better than the opposite.
God save the clerks
Most of you don't know, but there is a recent addition to 22 NYCRR 202.5, namely, (d)(1). (d)(1) In accordance with CPLR 2102(c), a County Clerk and a chief clerk of the Supreme Court or County Court, as appropriate, shall refuse to accept for filing papers filed in actions and proceedings only...
No research. I just remembered posting a few cases on the issue and those were two of them. With all the copying and pasting, sometimes stuff sinks in.
What CPLR?
Lisa Solomon and Marshall R. Isaacs have an interesting post over at the NYSBA's Smallfirmville blog about the variations in how the Courts interpret or ignore the CPLR throughout the counties. They start with CPLR R. 3216. Specifically, they talk about what is going on in Brooklyn. There th...
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