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JULY 1993
 

Overview of topics...

Lead Note:

"DECISION" IS TREATED AS "ORDER" UNDER NEW MOTION RULE: WHAT OBLIGATIONS ATTEND ENTRY AND SERVICE, AND WHAT CONSEQUENCES UNDER THE 60-DAY "ABANDONMENT" RULE?

The New Filing System:

  • Effect in Transferred Case
  • Adding New Claim in Second Action
Use of Employee's Deposition Malpractice for Bill of Particulars Error Forum Non Conveniens Waiver Guardians Replace Committees Measuring Federal Diversity in No-Fault Actions ... and more Open Citations:
  • Levy (Issue 1/Page 3): 185 A.D.2d 15, 592 N.Y.S.2d 480.
  • Klein (Issue 1/Page 4): 810 F.Supp. 417.
  • Allstate (Issue 2/Page 3): 186 A.D.2d 647.
  • Lloyds (Issue 2/Page 4): 817 F.Supp. 414.
  • Spinnell (Issue 3/Page 4): 155 Misc.2d 147.

 ARTICLE HEADLINES

FEATURE ARTICLE:
"DECISION" IS TREATED AS "ORDER" UNDER NEW MOTION RULE: WHAT OBLIGATIONS ATTEND ENTRY AND SERVICE, AND WHAT CONSEQUENCES UNDER THE 60-DAY "ABANDONMENT" RULE?


 THE NEW FILING SYSTEM

Commencement in "Service" Court, Then Transfer to "Filing" Court. When Deemed "Commenced?

Can Second Action Add New Claim?


 
 GENERAL PRACTICE POINTS

USE OF EMPLOYEE'S DEPOSITION:
Recent (June 1, 1993) Amendment Expands Use of Employee's Deposition at Trial

BILL OF PARTICULARS OMISSION:
Failure to Mention Permanent Neck Injury Costs Plaintiff $30,000 Verdict, and the Lawyer a Malpractice Suit

FORUM NON CONVENIENS:
Plaintiff Suing Defendant in N.Y. on Foreign Claim Can't Complain When Defendant Interposes Related Counterclaim
 
SUBSTITUTED SERVICE:
Failure to Say "Personal and Confidential" on Envelope Mailed to Place of Business Voids Service

GUARDIANS REPLACE COMMITTEES:
"Guardian" Terminology Substituted for "Committee" and "Conservator"


 FEDERAL JURISDICTION:

MEASURING DIVERSITY OF CITIZENSHIP:
In No-Fault Action, Claim Is Against Insurer Only; Insured's Citizenship Doesn't Have to Be Considered

         
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