FEATURE ARTICLE:
THE
FILING SYSTEM
NOTE: NEW AMENDMENTS ON THE FILING STATUTES
In Clarifying Filing Obligations in CPLR 3213
Cases, Court Makes Helpful Suggestions About the Problem of Multiple
"Clerk" Categories Generally
Requirement to Commence New Action Within 120
Days After "Automatic Dismissal" of First Action Doesn't Apply If
Statute of Limitations Is Still Alive
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GENERAL
PRACTICE
PEREMPTORY CHALLENGES IN CIVIL ACTIONS:
Appellate Division Overturns Civil Verdict
for Discriminatory Use of Peremptories
MORE ON SURVEILLANCE TAPES:
Requirement That P Depose Before Getting Tapes
from D Remains in Effect Under Surveillance Statute
ATTEMPT TO ERASE JUDGMENT:
Attempt, in Stipulation of Settlement, to Erase
Appellate Decision So As to Deny It Collateral Estoppel Impact, Fails
INTEREST ON FOREIGN JUDGMENT:
What Rate of Interest on a Foreign Judgment,
New York's or the Foreign One?
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BACKLOG
ITEMS
ACTION ON SUBMITTED FACTS:
Switch from Litigated Action to Action on Submitted
Facts Okay Right in the Middle of Things
LONGARM JURISDICTION:
Increasing Support for N.Y. Longarm Jurisdiction
in Guarantee Cases
FEDERAL
JURISDICTION AND PRACTICE
JURISDICTION TO ENFORCE SETTLEMENT:
Merely Because Settlement Was of Federal Case,
Federal Court Won't Necessarily Have Jurisdiction to Enforce It
REMAND TO STATE COURT:
For Mere Procedural Defect in Removal, Court
Can't Remand Sua Sponte
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