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23-24 N.Y.L. Jist [i] (1958-1961)

handle is hein.journals/newrojis23 and id is 1 raw text is: Nrw jork iCam INTERMEDIATE INDEX & CROSS-RIFERENI Covering Vol. 23, Nos. I to 13 inl. ABUSE OF PROCESS Mis-commitment for mental observation: 107 Vendee enticing default declaration so he could sue: 146 Counterclaim that the suit is 'abuse of process : 25 ACCORD & SATISFACTION Check marked Payment in full as per statement: 114 Check marked Balance taken on promise to recompute: 186 City's final payment' deposited in contractor's absence: 97 ACCOUNT STATED Suit vs fire insurer on 'proof of loss' it had accepted: 60 'Restraint of trade' defense after writing it is correct: 86 Confirmatoi'y letter explained as attempt to verify extant of claim: 86 ACCOUNTING, ACTION FOR Relationships & Transactions Predicating Right Pledge, foreclosed - action by pledgor's admr, for acctg: 68 Stock transferee to clear debts, split dividends, sell back: 186 Bars & Defenses Fiduciary breach also remediable as contract breach: 44 Gross laches in suing bank on pledge it foreclosed: 68 Judgment & Enforcement Failure to file ace't as directed by interlocy judgt - rem- edy: 17 ACKNOWLEDGEMENT Corporate - before stockholder-director as notary: 13 ADDRESS, DISCLOSURE OF Penalty for defendant's failure to respond to demand: 186 ADMINISTRATIVE LAW Discriminatory Idid subpoenaed by NYC Intergroup Re- lations Comman: 81 Variance by d of Appeals on different bldg plans sub- mitted to it: 24 Variance alter NYC Planning Comm. 'refused to entertain' the application: 24 ADOPTION Abrogation (in 1927) unified in county where natural par- ents reside: 25 ADVERSE POSSESSION Cultivation - Cutting of grass: 25 Enclosure - hedge wall around property: 25 Easement to cross neighbor's land from rear fire exit: 7 Chimney easement: 51 Party wall easement - substitution of glassbrick: 48 Easement driveway unused 2 years due to giving up driv- ing: 93 AGREED FACTS, SUBMISSION ON Statement of fact appearing in brief only: 17 AGENCY Oral, to buy in at realty foreclosure sale - validity: 49 Powereof-Atty, general - right to principal's savings ac- count: 163 Bldg managing agent sued by tenant for water damage: 158 ALCOHOLIC BEVERAGE CONTROL M rLicense Eligibility Mtgee retaking de-licensed restaurant bot busy in Fla.: 866 Suspension & Revocation Licensee unapprised of specific charges before hearing: 130 Prejudgment manifest from hearing notice: 130 Right to a copy and to controvert hearing officer's re- port: 146 Relocation Misdenial as near shopping center - merely a district: 130 Violations of Statute or Regulations Action for selling pitf liquor while he was drunk: 186 ALIMONY & COUNSEL FEES Generally Attorney's lien on alimony: 26 Forum to stay fee award in judgt wife is appealing: 146 Jurisdiction to Grant Child support order after out-state service on nonresident husband: 44 Resistance to decreed payment is not an appearance: 44 Estoppel - husband's acceptance of marital status fixed by judgt: 44 Support crossclaim by wife no. 2 if no. I upsets remar- riage: 68 Temporary Alimony - Factors Considered Husband's plea of foreign divorce as defense to sep'n ac- tion: 25 Dispute whether sep'n agrmt terminated by reconciliation: 25 Permanent Alimony -Power to Award Uion dismissal of wife's complaint: 68 Wife with independent means: 1 Bars & Objections Sep'n agreement signed in interim unknown to wife's atty : 166 Co-residence of separation parties, hel, a bar: 186 Factors Considered in Fixing Amount Award for children more than sep'n agreement fixed: 1 Amount Percentage of earnings or salary: 166 De-statused 2d 'wife' a paramour before Mex. divorce: 166 Modification - Increase Of award silent as to expenses of entirety-owned home: 186 Of award by default judgt - circumstances unchanged: 114 CPA 1170 motion despite post-divorce lump settlement: 86 Modification - Reduction Wife fostering children's antagonism towards husband: 44 Termination & Elimination Wife's Fla. divorce without alimony, after NY sep'n with: 86 Child's attainment of majority: 25 Infant son's induction into Army: 114 Counsel Fee - Power to Grant Wife's suit to void foreign divorce on her misinduced ap- pearance: 17 Pointless suit to annul husband's void remarriage: 68 Fee to defend counterclaim for annulment of void cere- mony: 60 Fee to defend 'counterclaim' the wife paid her atty for 'suit' 60 Wife [divorce deft] denying adultery under oath: 102 Seo'n agreement signed in interim unknown to wife's atty : 166 Sep'n agrmt - issue whether terminated by reconciliation: 25 Official referee's 'supplemental decision awarding omitted fee: 68 Wife's pre-trial payment of adequate fee to her atty: 1 For retiring counsel who has been substituted: 130 Amount left to trial, at which wife's compl't is dismissed: 86 Enforcement Generally Order to deduct from wages, for fee and arrears: 60 Stay of Affirmative defense: 37 Stay of reduction motion: 17 Stay for nonpayment of counsel fee: 37 X1,51