FEATURE ARTICLE:
DOES DEFENDANT WHO ASSERTS JURISDICTIONAL DEFENSE
IN ANSWER WAIVE IT BY PROCEEDING ON THE MERITS?
THE
FILING SYSTEM
FILE ORIGINAL OF PROOF OF SERVICE:
Mere Copy of Proof of Service May Not Do
INDEXNUMBERITIS?:
Failure to Include Index Number on Notice of
Entry of Judgment Not Jurisdictional Defect
GENERAL
PRACTICE
SURVEILLANCE TAPES:
H Can Get Discovery of Tapes W Took of H in
Custody Case Just to Show H in Normal Activities with Child
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INTERROGATORIES:
Even Under New Procedure, Party Served with
"Outrageous" Demand Need Not Respond; Can Instead Move for Protective
Order
FRIVOLITY SANCTIONS:
Full $10,000 Sanction Apiece Imposed on P and
P's Lawyer
DESTROYING EVIDENCE:
Party Destroying Evidence Before Suit Can Be
Subjected to CPLR 3126 Sanction
MATRIMONIAL ACTIONS:
Omission of Ancillary Relief Statement in Divorce
Summons Not Jurisdictional; Just Bars That Relief If D Defaults
MATRIMONIAL ACTIONS:
Omission of Certification in Matrimonial Action,
That Counsel Knows of No False Statement, Is Curable Nunc Pro Tunc
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DECLARATORY JUDGMENT:
In CPLR 325(d) Case, Civil Court Has Declaratory
Jurisdiction re Insurer's Obligation to Defend Regardless of Sum Involved
BACKLOG
ITEMS
ATTORNEY-CLIENT:
When Lawyer Sues Client for Fee, Client's File
Must Be Discovered; No Attorney Work Product Insulation Here
DEFAULT JUDGMENTS:
Court Can't Impose Money Sanction for Plaintiff's
Failure to Take Default Judgment Within Year
PHYSICAL EXAMINATIONS:
Nurse Designated by P's Attorney Can Be With
P at Physical Examination
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