FEATURE ARTICLE:
PLAINTIFF'S SURREPTITIOUS OBTAINING OF DEFENDANT-LAWYER
'S WORK PRODUCT BRINGS DISMISSAL OF PLAINTIFF'S CASE
 THE
NEW FILING SYSTEM
CAN INDEX NUMBER BE ISSUED IF NO SUMMONS OR
OTHER LITIGATION-CONNECTED PAPER IS TENDERED FOR FILING?
GENERAL
PRACTICE POINTS
CLERK'S DELAY:
When D's Demand for Jury Trial Is Rejected
Because Clerk Can't Find Note of Issue in File, Court Can Extend D's
Demand Time
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ARBITRATION CLAUSE
UNCONSCIONABLE:
Court Voids Clause That Allows Insurer Trial
de Novo When Award Exceeds $10,000 But Doesn't Give Same Right to
Insured When Award Is for Less
"CONVERTING" ONE PROCEDURE TO ANOTHER:
Motion in Context of Action, Seeking Relief
Associated with Special Proceeding, Can be "Converted" Under CPLR
103(c)
BACKLOG
ITEMS
JURISDICTION AND MERITS OVERLAP:
When "Permission" to Drive Bears on Owner's
Liability and on Jurisdiction as Well, Jurisdictional Issue Should
Await Trial
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PLEADING DEFAMATION:
While Defamatory Words Must Be Pleaded Verbatim,
Only the Equivalent Need Be Proved at Trial
SUBSTITUTED SERVICE:
If P Knows D Now Lives in Foreign Country,
Substituted Service Methods Are Impeded
FRIVOLITY SANCTIONS:
If Delay in Submitting Judgment Is Found Excusable,
It Can't Be Penalized as Frivolous
FEDERAL
PRACTICE
CONSOLIDATING ARBITRATIONS:
Second Circuit, Finding Recent U.S. Supreme
Court Cases More Restrictive, Bars Consolidating Separate Arbitrations,
a Contrast to New York Practice
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