FEATURE ARTICLE:
THE 1993 DISCLOSURE AND DISCOVERY CHANGES :
FIRST MAJOR OVERHAUL OF ARTICLE 31 SINCE CPLR'S 1963 ADOPTION--PART
4
CPLR 3122: ALTERED PROCEDURE FOR OBJECTING TO DISCOVERY AND PHYSICAL
EXAMINATIONS
Subdivision (a) Objecting to the Notice; Court Resolution of Disputes
Subdivision (b) Withholding Documents and Justifying It
|
|
THE
NEW FILING SYSTEM
MORE ON ELECTION CASES:
Appellate Division Weighs In: New Filing Provisions
Don't Apply in Election Cases
MULTIPLE-DEFENDANT CASES:
Timely Filing and Service as to D-1 Doesn't
Extend P's Time for Serving D-2; New Action Against D-2 Necessary
BACKLOG
ITEMS
CHOICE OF LAW CLAUSE:
Choice of New York Law to Govern Substantive
Rights Under Contract Doesn't Assure New York Jurisdiction
REMEDY FOR INADEQUATE RECORD:
New Trial Necessary When Transcript Is Inadequate
to Support Appellate Review
|
|
GENERAL
PRACTICE POINTS
"FOREIGN OBJECT" IN SURGERY
CASES:
Suture of Wrong Organ Is Not "Foreign Object"
and Gives No Postponed Statute of Limitations Accrual
RESTRAINING NOTICES:
Even Computerized Bank Must Have Some Time
to Restrain D's Account; Bank Not Liable If D Withdraws Funds on Same
Day
RECENT
AMENDMENT - STATUTE OF LIMITATIONS IN COURT OF CLAIMS
Time Limit Imposed on Treating "Notice"
as "Claim" in Court of Claims; CPLR Tolling Provisions Adopted
|