FEATURE ARTICLE:
THE 1993 DISCLOSURE AND DISCOVERY CHANGES :
FIRST MAJOR OVERHAUL OF ARTICLE 31 SINCE CPLR'S 1963 ADOPTION--PART
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SYNOPSIS OF FIVE-PART DISCLOSURE TREATMENT
CPLR 3101(a): "MATTER" INSTEAD OF "EVIDENCE" IN DISCLOSURE CRITERION
CPLR 3101(a)(3): PHYSICIANS TO INCLUDE DENTISTS AND PODIATRISTS
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THE
NEW FILING SYSTEM
EXTENDING THE TIME:
Can the 120-Day Period for Service Under the
New "Filing" System Be Extended? - Reprise
LATE SERVICE IN TRANSITION
CASE:
In Action Begun Before Filing System Came In,
Service on One Defendant, Delayed Until June 1993, Still Held Timely
RETURN DATES IN SPECIAL PROCEEDINGS:
Omission of Return Date in Special Proceeding
Now Held Permissible by Some Courts
ELECTION
CASES:
The New Filing System Again Held Inapplicable
to Election Law Proceedings
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GENERAL
PRACTICE POINTS
COURT OF CLAIMS PROCESS:
Rare Instance of Estoppel Worked Against State
for Misleading Process Server at Booth State Maintains for Service
LIS PENDENS:
Use of Notice of Pendency in Summary Proceedings
Explicitly Barred by Amendment of CPLR 6501
FEDERAL
PRACTICE
REMOVAL OF CASES:
Costs and Attorneys' Fees on Remanding Removed
Case Apply Whatever the Reason for Remand, But Are Discretionary
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