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Opinion Digests

Civil Practice – Diversity Jurisdiction – Amendment To Complaint (access required)

In this automobile-accident case against two military defendants, the plaintiff has had “four years since the time of the accident to try and discover the citizenship of the Defendants” and plaintiff cannot now amend her complaint to allege diversity of ...

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Immigration – Illegal Entry After Deportation – Statements On INS Form (access required)

The District Court refuses to quash defendant’s indictment for illegal entry after deportation on the ground that defendant’s due process rights were violated by the language on a form from the Immigration & Naturalization Service that defendant claims led him ...

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Criminal – Pauper Status – Challenge To Forfeiture (access required)

The District Court denies defendant’s motion to proceed in forma pauperis on his appeal of the court’s denial of his motion under 28 U.S.C. § 2255 in which he seeks to set aside a civil forfeiture of his property. Petitioner’s ...

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Bankruptcy – Sale Of Real Estate – Oral Land Trust (access required)

A bankruptcy trustee cannot sell real estate that debtor holds in trust for a partnership. A limited partnership and its general partner and his wife filed for bankruptcy, and the two cases were consolidated. The general partner, acting as general ...

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Civil Practice – Timely Service – Rule 3:3 – Dismissal 'With' Prejudice (access required)

A trial court erred when it dismissed “without prejudice” an automobile-accident personal injury action in which no service of process was obtained within one year, as required by Supreme Court Rule 3:3. A driver and passenger of one vehicle sued ...

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Negligence – Slip & Fall – Negligent Sidewalk Maintenance (access required)

The Supreme Court reverses a judgment for a woman who sued the City of Suffolk after she tripped and fell on a sidewalk alleged to have been negligently maintained by the city. There was a grade separation between two sidewalk ...

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Traffic Offenses – Reporting Accident – 24-Hour Delay (access required)

A conviction for failure to report a motor vehicle accident is reversed where the defendant passenger was aware that the driver had made a full report within five hours of the accident, and even after the driver’s report was made, ...

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