SYNOPSIS OF THREE-PART BILL OF PARTICULARS
TREATMENT
FEATURE ARTICLE:
THE NEW BILL OF PARTICULARS PRACTICE: "PRECLUSION"
ROUTINE OUT; MOTIONS REDUCED; PENALTIES INCREASED--PART 1
• BACKGROUND AND OVERVIEW
• CPLR 3042: REPEALINGS OF OLD SUBDIVISIONS,
ENACTMENT OF NEW ONES, AND -- OF COURSE -- SOME RELETTERING
• DISTRIBUTION OF FUNCTIONS IN THE
NEW CPLR 3042
• BURDEN OF PROOF RULE UNCHANGED
• COSMETIC CHANGE: SEPARATE REFERENCE
TO ITEMS OF AN ACCOUNT ELIMINATED
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 THE
NEW FILING SYSTEM
ELECTION CASES:
Continuing Conflict on Whether Filing Law Applies
in Election Law Proceedings
UNINTENTIONAL FILING?:
When P Applies for Default Judgment, Does
the Proof of Service Incident to That Application Also Qualify as
"Filed" Proof of Service?
PAYING FEE BUT WITHOUT PAPERS:
Merely Buying Index Number, Without Filing
Papers, Does Not Constitute Commencement of Action
GENERAL
PRACTICE
ATTEMPTED JUDGE SHOPPING:
Judge Shopping Still Possible If Only One Judge
Assigned to Area
NO-FAULT DE NOVO TRIAL:
Insurer Who Brings and Then Abandons De Novo
Trial Can't Then Plead Statute of Limitations in Proceeding to Confirm
Award
SMALL CLAIMS PROCEDURE:
Conflict Between Statute and Rules on Method
of Service in Small Claims Court
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BACKLOG
ITEMS
REPLEVIN:
No Conditions Can Be Imposed in Determining
Whether to Confirm Ex Parte Order of Seizure
ATTORNEY'S CHARGING LIEN:
Attorney's Charging Lien on Proceeds of Action
Takes Precedence Even Over Judgment Lien
FRIVOLITY SANCTIONS:
Moving Federal Dismissal for Lack of Jurisdiction
and Then Moving State Dismissal Based on Exclusivity of Federal Jurisdiction
Brings Penalty
FEDERAL
PRACTICE
SOME POINTS ON WAIVER OF SERVICE
TIP-OFF TO DEFENDANT?:
Use of Waiver by P Enables D to Start Action
First
NOTIFY INSURER:
Insured Defendant Should Get Insurer's Consent
Before Waiving
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