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OCTOBER EXTRA 1993
 
Overview of topics...

Lead Note:

THE 1993 DISCLOSURE AND DISCOVERY CHANGES : FIRST MAJOR OVERHAUL OF ARTICLE 31 SINCE CPLR'S 1963 ADOPTION--PART 4

The New Filing System:

 

  • More on Election Cases
  • Multiple-Defendant Cases

Backlog and General Items:

 

  • How Long Has Bank to Act on Restraining Notice?
  • Choice of Law Clause re Jurisdiction
  • Remedy for Inadequate Transcript

Recent Court of Claims Amendment:

 

  • Limiting Time to Treat Notice as Claim

... and more


 ARTICLE HEADLINES

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

         
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