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12 Cards in this Set
- Front
- Back
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what's the product liability 's statute of limitations?
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both the negligence and strict products liability are governed by 3 years.
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when can notice of pendency be file?
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a notice of pendency can be filed in any action n which the judgment demanded would affect the title to, or possession, use or enjoyment of real property.
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what's the basic function of pendency?
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the basic function of the device is the placing of a record impediment on the tiltle to the realty involved in the action, thus preventing acquisition of a title free and clear of the claim being asserted in a lawsuit.
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what's the function by filing the "notice of pendency"
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any purchaser or subsequesnt lienor "is bond by all proceedings taken in the action after such filing to the same extent as if he were a party"
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Does the notice of pendency need to file with a court order?
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no
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when is a notice of pendency to be appropriate?
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the claim upon which it is based must affect title or possession to real property.
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when is a title effect under a pendency?
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the title is "affected" only where a successful suit by the plaintiff will create a lien or encumbrance upon the title
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when is a notice of pendency be filed?
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it may be filed prior to suit. The CPLR provides that serve of the suit must be accomplished within 30 days of filing or the notie of pendency is void.
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when is a deed conveying real property construed as a legal mortgage?
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if there is "any other written instrument" that makes it appear that the deed was intended to create a mortgage.
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no contest forfeiture clause
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Most states hold that if the beneficiary had reasonable cause for bringing the contest, the no-contest forfeiture clause is not given effect. However, New York's EPTL specifically provides that such clause shall be given full effect.
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what's the effect of a lifetime gift made to a donee under a will?
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The EPTL states that a lifetime gift made to a donee under a will may reduce the bequest to the donee, but only where the gift can be proven by a contemporaneous writing signed by either the donor or the donee which demonstrates the donor's intent.
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whether an interested witness can inherit under a will?
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while an interested witness does not invalidate the will, a disposition to an interested witness may be void. But if the interested witness is also an intestate distributee, the witness will take the lesser of her legacy and her instate share
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