FEATURE ARTICLE:
ADVANTAGE TO TORT DEFENDANT OF PLEADING
FAULT OF OTHERS: AUTOMATIC COVERAGE FOR PURPOSES OF BOTH CPLR ARTICLE
16 (AVOIDING JOINT LIABILITY) AND GOL 15-108 (REDUCING VERDICT TO
REFLECT SETTLEMENT)
 THE
FILING SYSTEM
ADDING PARTIES:
Can't Add Party to Existing Action Without
Court Order Even If All Parties Consent; How Does This Play Under
Filing System?
APPLICATION IN LOWER COURTS:
The 120 Days for New Action, After Dismissal
for Defective Service, Doesn't Apply in Lower Courts
GENERAL
PRACTICE
EXTENDING JURISDICTION OF INDIVIDUALS:
"Corporate Presence" Jurisdictional Test
Applied to Individual Defendant, Too
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REMITTITUR STANDARD:
Fourth Department Also Says Trial Court Should
Apply Same "Deviates Materially" Standard Appellate Court Does
ABANDONMENT OF MOTION VICTORY:
Futility of Undoing Summary Judgment Grant
Brings Relief from "Abandonment" Rule
DISCLOSURE FROM NONPARTY:
Dropping of "Special" from "Circumstances"
Requirement Held to Liberalize Disclosure from Nonparty Witness
RESTRAINING NOTICES:
Restraint Can Be Used Before Notice of Entry
Is Served on Defendant, and Service Is Okay on Every Bank in County
MORTGAGE FORECLOSURE:
Mortgagee's Failure to Serve All Notices on
Appearing Junior Mortgagee Keep's Junior's Lien Intact
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FEE DISPUTE:
Fee Dispute Is No Excuse for Attorney's Not
Opposing Summary Judgment Motion Made Against Client
BACKLOG
ITEMS
INFANT'S
SETTLEMENT:
Approval of Infant's Settlement Doesn't Bar
Malpractice Claim Against Lawyer
TRANSLATING DOCUMENT:
No Obligation to Furnish Translation of Produced
Document
LEVYING AGAINST "HOMESTEAD":
Special Proceeding Determines Whether Equity
in Residence Exceeds $10,000, and Thus Justifies Execution Sale
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